terms

Creativo Group Inc (“Creativo,” “We,” “Us,” “Our”) provides various business services, products, and goods through this Website (the “Service” also known as “Creativo”). The services and products include but are not limited, to Content Creation, Web Wish, and Magic Marketing. This Service is offered subject to your acceptance of these terms. if you do not agree to these terms, please do not proceed with the purchase. INDEED, BY PURCHASING OUR SERVICES YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THESE CREATIVO TERMS AND CONDITIONS AS OUTLINED BELOW.

‍

Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

1. HAVE READ THESE TERMS,
2. UNDERSTAND THESE TERMS, AND
3. ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or services from us.

You agree that you are accessing the Services on Our Website for business purposes. If You are using the Service on behalf of an organization (business, nonprofit, or church), You are agreeing to these Terms for Yourself and for that organization employed or retained by You and are confirming now to Creativo that You have the authority to bind said organization to Our Service’s Terms and Conditions (in which event, “You” and “Your” will refer to You and that organization).

If You do not agree to these Terms, or are under 18 years old, please do not use the Services on our Website. If at any time You are not willing to be bound by these Terms, You should:

1. Terminate any download and/or installation process of desktop or mobile app.
2. Immediately cease and refrain from accessing or using the program or services, and
3. Delete any copies You may have or apps on devices.

OUR PRODUCTS

1. We deliver our Products through our web application available at www.creativo.ai (also referred to as “Site”). The features and services available to You will be based on our standard or expanded subscription plan (“Plan”). The details of Your Plan will be provided on the Website, and the details of Your Plan will be set forth on the “Billing” page within the Application. The Products specifically exclude any third-party database or third-party Services (as defined in Section 5).

2. We reserve the right to modify features, functionality, and sales taxes of our Products at any time and at our sole discretion. We will determine, at our discretion, whether any new features require additional fees and/or taxes. We may decide to add new features to the Products and make them generally available at no cost or at an additional cost to Customers. We may or may not provide notice to You of changes to the Products. We will not be liable to You or to any third party for any modifications, price increases, or discontinuations of our Products. We may or may not provide notice to You of changes to the Products

3. Any additional product add-ons You add to an existing Plan (the “Add-Ons”) during Your subscription term shall be subject to these Terms. Any time-and-materials services provided to You, such as stylized website theme services or onboarding support (“Professional Services”) shall also be subject to these Terms.
4. When availing of our Growth Pro service:
   
   • You agree to grant the Creativo Team access to your account.
   • If You opt to run parallel Google Ads using the Ad Grant, You acknowledge and agree that Creativo is not liable for any suspensions or other adverse actions taken by Google as a result of changes made by the You to the Google Ads account. Creativo will be available to assist in the recovery of the account and to take steps necessary to ensure the account's compliance with Google's policies.

REGISTERING USERS ON OUR APPLICATION

1. You agree that You will only access our Products SOLELY for the business purposes of You or Your organization and subject to these Terms. After any free trial of our Products, You will be required to register for our service and pay a subscription fee for the use of our products. You must pay such subscription fees on the first day of Your subscription term unless otherwise specified on Your service order.
2. If You, as a customer, add any Users (maximum as per your license, users or per seats plan) to Your account, You are binding each of the Users and all designated organizations, if any, to these Terms. You are responsible for all information, data, content, messages, or other materials that You or Your Users post or otherwise transmit via the Application (collectively, “Content”). You acknowledge and agree that a login may only be used by one (1) person, and that You will not share a single login among multiple people. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under or in connection with your login(s) or account(s). You agree that You will not trade, transfer, or sell access to Your login or account to another party unless otherwise agreed to in writing by Creativo.
3. As a User, You represent and warrant that You are (i) 18 years or older, (ii) not prohibited or restricted from having a Creativo account, and (iii) not a competitor of or using the Products for purposes that are competitive with Creativo.
4. You agree to use reasonable efforts to prevent unauthorized use of the Products and notify us immediately if You discover any unauthorized use through Your account. You will take all necessary steps to terminate the unauthorized use and agree to cooperate with us in preventing or terminating such unauthorized use of the Products.

AVAILABILITY OF SERVICE

While we will use commercially reasonable efforts to keep our Product available and accessible, the Product may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface (“APIs”) and integrations. Interruptions of our Product shall not serve as a basis to terminate Your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.

‍

OUR USE OF THIRD-PARTY INTEGRATIONS AND SERVICES

1. Our Applications may contain links to or allow You to connect and use certain external third-party products, services, or software in conjunction with Your use of our Applications and Products (“Third party services,” and each, a “Third Party Service”), including certain social media networks and other integration partners. To take advantage of these features, You may be required to sign up or log into such Third-Party Service on their respective websites or applications. By enabling the application to access such Third-Party Service, You are permitting Creativo to pass on Your login information to the Third-Party Service and granting the Third-Party Service permission to access or otherwise process Your data. You acknowledge that Your use of such Third-Party Service is governed solely by the terms and conditions and privacy policy of such Third Party Service (including, but not limited to, the Facebook Terms of Service located at www.facebook.com/terms and the Instagram Terms of Service located at www.instagram.com/terms), and that creative does not endorse, is not liable for, and makes no representations as to the Third-Party Service, its content, or the manner in which such third-Party service uses, stores, or processes Your data. Creativo is not liable for any damage or loss arising from or in connection with Your enablement of such third-party Service and Your reliance on the policies, privacy practices, and data security processes of such Third-Party Service. We are not responsible or liable for any changes to or deletion of Your data by the Third-Party Service. Certain features of our Products may depend on the availability of these third-party Services and the features and functionality they make available to us.
2. We do not control Third-Party Service features and functionality, and they may change without any notice to us. If any Third-Party Service stops providing access to some or all of the features or functionality currently or historically available to us or stops providing access to such features and functionality on reasonable terms, as determined by us in our sole discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to You for any refunds or any damage or loss arising from or in connection with any such change made by the Third-party service or any resulting change to our Products. You irrevocably waive any claim against Creativo with respect to such Third-Party Services. Similarly, we do not guarantee any use of Our Services will not result in the blocking of Your post by third parties on social media.

‍

ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address, and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements) characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share Your rights under these Terms to and with others.

You agree that you will not provide false information to Us in generating Your account. Specifically, You agree that You will not

(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or

(ii) use login credentials to which another person or company has rights without such person or company’s authorization.

‍

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of Your account.

‍

***Only authorized users, EACH WITH THEIR OWN LOG-IN ACCOUNTS, who have duly attained access to the Content by personally agreeing to these Terms are permitted to participate in and use the Services, Content, and related materials with the exceptions expressly authorized by these Terms. You shall not provide or make available any Content or any license key to any third party or use the Content or any license key to teach any third party any portion of the services or for any purpose other than exercising rights expressly granted to You by these Terms.

You are responsible for all usage or activity on Your account on this Website, Mobile Application, and related Social Media, including the use of the account by any third party authorized by You to use Your login credentials.

All plans are prepaid and remain active for as long as accounts are paid in full. All monthly plans will be billed on the same day of the month as Your first payment. No prior notification will be provided unless date or amount changes are made with prior authorization.

All annual plans are billed on the anniversary date of Your first payment. After five (5) business days of account delinquency without prior notification, Your services will be placed on hold. After ten (10) business days of account delinquency, your account will be canceled, and You will lose any discounts and have to pay the current monthly plan price as listed online.

CREATIVO OFFERS THE FOLLOWING GUARANTEES:

1. 7 Day Guarantee - A complete refund will be issued for any reason by termination of a Creativo product in writing to team@creativo.ai within 7 days of purchase.

2. Google Ad Grant Guarantee -  If your nonprofit is not approved for the $120,000 Google Ad Grant by Google within 60 days of signing up with Creativo, we will refund 100% of your total payments within 60 days of signup. To qualify, you must provide all required Google Grant information to the Creativo team within 10 business days of signup to file your Google Ad Grant application. Failure to provide the necessary information to file your Google Ad Grant application within 10 business days of Creativo signup voids this guarantee.

3. 365 Day Guarantee – Subject to the following terms, if you use our product monthly for 12 consecutive months and are not satisfied with Creativo, we will provide a 100% refund on the monthly or annual plans paid to Creativo but not including additional add-ons or services. To qualify for this guarantee, you must for 12 consecutive months do the following:

     a. Transfer your primary company website within 90 days of signup (as listed on your corporate documents) to Creativo and the website must be hosted with Creativo for at least 9 consecutive months during the first 365 days.

     b. Run social media automation lanes through Creativo monthly for 12 consecutive months.

     c. Use Creativo to post at least one social media post a month for 12 consecutive months to one of your main company's social media accounts.

     d. Utilize Creativo marketing campaigns, either paid or free (such as Google Ad Grant), by launching a campaign every month for 12 consecutive months.

     e. Create at least one AI-generated content item, either a graphic design or written copy, each month for 12 consecutive months.

     f. All information requests from Creativo to the client must be provided within 10 days from the day it was requested, or the refund is null and void. Information requests include but are not limited to all necessary information for setting up your Google Ad Grant (if applicable), onboarding information, content requests for social media automation lanes if you have a done-for-you plan, and any requests for ad campaign creation or additional needs for social media, website, or marketing campaigns as requested by the Creativo team.

All product and service usage will be verified by user logs in Creativo. You must be current with all payments and use the product for 365 days. After 365 days, you have 30 days to request a refund in writing to team@creativo.ai.   If all terms and conditions are met, as determined by Creativo, a full refund will be issued to the customer using the address on file or a Creativo approved method of payment.  After the first 365 days of service, no further guarantees will be active.

We can elect to terminate the Services at Our discretion with ten (10) business days' notice without any liability for any reasons whatsoever, including but not limited to, if You breach these Terms. If You have paid for an annual subscription, we will refund Your remaining term on a prorated basis.

You may terminate any Creativo account You have established by signing into our website team@creativo.ai and initiating cancellation. Please be aware that cancellations initiated on Your end only qualify You for a refund according to the terms of the 7 day and 365-day guarantees.

Your termination notice must include client information, the effective date of the termination request, and the signature of authorized personnel. Upon plan termination, all access will be discontinued with Creativo services and the website will be disabled., You will retain ownership of all your AI-generated copy and graphics

‍

NO WARRANTIES

By accepting these terms, You agree and understand that We provide websites, AI content creation, social media and marketing services which do not guarantee an exact amount of results. You acknowledge that we make no promise or representation, including but not limited to, that You will have a certain number of visitors, or any increase financially, or that you will not lose money, as a result of using these Services.

Any results on Our Website or Our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for Yourself.  As with any business, Your results will vary and will be based on Your abilities, experience, knowledge, capabilities, effort, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience.

There are unknown risks in any business or nonprofit organization, particularly online where advances and changes can happen quickly. The use of Our information, products, and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these terms, You acknowledge that You take full responsibility for Your own success.

‍

CONFIDENTIALITY

During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure, (ii) at the time of the disclosure is, or thereafter becomes part of the public domain, or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.

This Agreement is limited in respect to the services described above in that:

1. We shall not be responsible for the loss of data for any reason;
2. We shall not be responsible for the accuracy of the data the Website employs or provides;
3. We shall not be responsible for the operation of hardware, networking, third-party software, or peripheral devices;
4. We shall not be responsible for liability arising from the use of the Website, mobile application, its function, guidance, data, availability, or lack thereof;
5. You assume the responsibility to assure Your use of the Website and mobile application third-party is in accordance with state and federal law and government regulation of all types;
6. Direct access to the data for the purposes of querying, exporting, etc. from any party other than Our personnel or parties duly authorized by Us shall void any warranty and/or responsibility, expressed or implied, of Ours to support You. Support issues that arise, in the opinion of Us, as a result of unauthorized access shall result in You being billed for additional services.
7. We reserve the right to invoice You for support that is a result of data loss for Website issues or corruption caused by the actions of employees or agents of Yours.

‍

INDEMNIFICATION

The contents of the services, including the Website, Mobile Application, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark, and other intellectual property laws and international treaties and owned or controlled by Creativo, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any content accessed through the Services. Please see Terms of Usage Policy below for AI generated content.At our reduced rates in this agreement, You understand the rights are shared on the content created by Creativo for You. We have the right to use all content at Our discretion. For example: we can use the content on our website and social media as a reference to Our work.

You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to Creativo for content creation or posting. You agree that Creativo is not responsible for legal or financial liabilities that arise from any video, image, or music uploaded to Creativo for any project completed for You.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits, or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability, or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT CREATED FOR YOU, AND ALL DOWNLOADABLE FILES FROM CREATIVO ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK.

You agree to defend, indemnify, and hold harmless Creativo, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents, and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses (including, but not limited to, reasonable attorney's fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site, Mobile Application, and/or the Content, (c) Your violation, breach, or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary, or other rights, (d) Your tortious acts including, but not limited to, defamation and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs, and expenses shall be Your sole responsibility. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. You also agree to carry advertising injury and/or other comparable general liability insurance coverage covering Your action in the use of Our Services as outlined herein and that we will be covered by Your policy.

‍

CONSENT TO USE INFORMATION

By accepting these terms, You agree that We may collect, use, and disclose Your identifying information obtained as a result of using Creativo, for the following purposes:

(i) the processing of this plan application

(ii) the administration of the plan with our organization

(iii) the marketing of Our Services

Please visit the Privacy Policy below for further details on our data protection policy, including how You may access and correct Your personal information or withdraw consent to the collection, use, or disclosure of Your personal information.

Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

‍

SOCIAL MOBILE APP

1. Subscriber acknowledges that this Agreement is between Subscriber and Creativo only, and not with Apple, Inc. (“Apple”).
2. Subscriber’s use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
3. Creativo, not Apple, is solely responsible for the iOS App and the Services and content available thereon. Subscriber acknowledges that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
4. Subscriber agrees that Creativo, not Apple, is responsible for addressing any claims by Subscriber or any third-party relating to the iOS App or Subscriber’s possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by this Agreement and any law applicable to us as a provider of the iOS App.
5. Subscriber agrees that Creativo, not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the iOS App or Subscriber possession and use of the iOS App.
6. Subscriber represents and warrants that (i) Subscriber is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) Subscriber is not listed on any U.S. Government list of prohibited or restricted parties.
7. Subscriber agrees to comply with all applicable third-party terms of agreement when using the iOS App (e.g. the user of the iOS App must not be in violation of its wireless data service terms of agreement when using the iOS App).
8. Subscriber agrees that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement as they relate to the license of the iOS App. Upon Subscriber’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Subscriber as they relate to the license of the iOS App as a third-party beneficiary thereof.

‍

The following additional application that terms and conditions apply with respect to any Mobile Application that Creativo provides for use on an Android-powered mobile device (an “Android App”):

1. Subscriber acknowledges that this Agreement is between Subscriber and Creativo only, and not with Google, Inc. (“Google”).
2. Subscriber’s use of the Android App must comply with Google’s then-current Android Market Terms of service.
3. Google is the only provider of the Android Market where Subscriber obtained the Android App. Creativo, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to Subscriber with respect to the Android App or this Agreement.
4. Subscriber acknowledges and agrees that Google is a third-party beneficiary to this Agreement as it relates to the Android App.

These provisions regarding application platforms will apply to any other new platforms in addition to Apple and Google of which we may choose to make use in the future.

‍

MISCELLANEOUS

These Terms are the entire agreement of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral or written negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing signed by both parties.

Any notice required permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of email sent to the designated e-mail address of such party

We reserve the right to modify, terminate, or otherwise amend Services available via this Website, Mobile Application, and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

CHOICE OF LAW, JURISDICTION, and VENUE: These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in the state of Oklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.

These Terms of Use apply when you use the products and services of Creativo Group Inc. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and website (“Services”). The Terms include our services policy, publications policy below and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms.  

‍

1. REGISTRATION AND ACCESS

You must be 18 years or older and able to form a binding contract with Creativo AI to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.

‍

2. USAGE REQUIREMENTS

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services(except to the extent such restrictions are contrary to applicable law); (iii) use the Services to develop foundation models or other large scale models that compete with Creativo AI; (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (v) represent that output from the Services was human-generated when it is not; or (vii) buy, sell, or transfer API keys without our prior consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by Creativo AI.

(d) Third Party Services. Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

(e) Support Services. We are committed to providing timely assistance and support to address any concerns or inquiries you may have regarding our services. For prompt assistance, please reach out to our dedicated support team via email at support@creativo.ai. Our team endeavors to respond to all inquiries within 24 hours during regular business hours [8:00AM - 5:00PM CST, Mondays - Fridays, excluding holidays].

(f) Office Hours. In addition to our primary mode of support via email at support@creativo.ai, we offer dedicated 'office hours' every Thursday from 10:30 AM to 11:30 AM CST for clients who prefer to speak with a live person. During these office hours, our support team will be available to address your inquiries via video call via this link. Please note that while we strive to accommodate all requests during this time, availability may be limited, and questions may be addressed on a first-come, first-served basis.

‍

3. CONTENT

(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input(“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, Creativo AI hereby assigns to you all its right, title and interest in and to Output. Creativo AI may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Creativo AI or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.”Other users may also ask similar questions and receive the same response .Responses that are requested by and generated for other users are not considered your Content.

(c) Use of Content to Improve Services. One of the main benefits of machine learning models is that they can be improved over time. To help Creativo AI provide and maintain the Services, you agree and instruct that we may use Content to develop and improve the Services. We understand that in some cases you may not want your Content used to improve Services.

(d) Monthly Content Creation Limits. Users may generate an unlimited amount of written content while there is a fixed number of images that can be generated per month.

(e) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

Creativo AI
8990 S. Sheridan Rd Suite B
Tulsa, OK 74133

‍

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use  is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

‍

4. FEES AND PAYMENTS

(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize Creativo AI and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.

(b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. Creativo AI uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

(c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

(d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact support within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

(e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.

‍

5. CONFIDENTIALITY, SECURITY AND DATA PROTECTION

(a) Confidentiality. You may be given access to Confidential Information of Creativo AI, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Creativo AI or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms;(iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Creativo AI and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Creativo AI and provide details of the vulnerability or breach.

(c) Processing of Personal Data. If your use of the Services involves processing of personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you are governed by the GDPR or CCPA and will be using Creativo AI for the processing of “personal data” as defined in the GDPR or “Personal Information,” please contact support@creativo.ai to execute our Data Processing Addendum.

‍

6. TERM AND TERMINATION

(a) Termination. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these services at any time by logging into your account and processing the cancellation within the system, unless otherwise stated in a signed agreement. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests.

(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-8.

‍

7. INDEMNIFICATION; DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED,STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, ORDATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

‍

8. DISPUTE RESOLUTION

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

(a) MANDATORY ARBITRATION. You and Creativo AI agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by written notice through our mailing address within 30 days of agreeing to these arbitration terms or the relevant changes.

(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against Creativo AI, you agree to try to resolve the dispute informally by sending us notice at Creativo AI mailing address above of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, Creativo AI will pay them for you Creativo AI will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Tulsa, Oklahoma or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, including but not limited to issues relating to the scope, enforceability, and arbitrability of this Section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

(e). Exceptions. This arbitration clause does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services of intellectual property infringement.

(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

(g) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this Section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.

‍

9. GENERAL TERMS

(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Creativo AI or any of Creativo AI’s affiliates. Creativo AI and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

(b) Use of Brands. You may not use Creativo AI’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.

(c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements there to.

(d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

(e) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

(f) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by mail or on the date sent via courier if delivered by post. Creativo AI accepts service of process at this address: Creativo AI, 100 Cincinnati Ave. 3180 18thSt, 5th Floor #553, Tulsa, OK 74103

(g) Waiver and Severability. If you do not comply with these Terms, and CreativoAI does not take action right away, this does not mean Creativo AI is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible andit will not affect the enforceability of any other terms.

(h) Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists(existing now or in the future) identified by the Office of Foreign AssetControl, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists. You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries orRestricted Party Lists, including any requirements or obligations to know your end users directly.

(i) Equitable Remedies. You acknowledge that if you violate or breach theseTerms, it may cause irreparable harm to Creativo AI and its affiliates, and Creativo AI shall have the right to seek injunctive relief against you in addition to any other legal remedies.

(j) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and Creativo AI regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Creativo AI on that subject.

(k) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of Oklahoma, excluding Oklahoma’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Tulsa County, Oklahoma, USA.

‍

USE CASE POLICY

We prohibit creating any AI generated content that targets the following use-cases:

• Illegal or harmful industries
• Misuse of personal data
• Promoting dishonesty

Includes testimonial generation, product or service review generation, educational dishonesty, contract cheating, astroturfing.

Deceiving or manipulating people

Trying to influence politics

The following set of use cases carry a greater risk of potential harm: criminal justice, law enforcement, legal, government and civil services, healthcare, therapy, wellness, coaching, finance, news. For these use-cases, you must:

1. Thoroughly review all the results.
2. Only share content that is compliant with all applicable laws.

‍

CONTENT POLICY

We also don't allow you to create the following types of content:

• Hate
• Harassment
• Violence
• Self-harm
• Sexual
• Political
• Spam
• Deception
• Malware

‍

SHARING & PUBLICATION POLICY

Updated December 23, 2022

Contents

Social media, live streaming, and demonstrations policy

To mitigate the possible risks of AI-generated content, we have set the following policy on permitted sharing.

Posting your own deets /completions to social media is generally permissible, as is live streaming your usage or demonstrating our products to groups of people. Please adhere to the following:

• Manually review each creation before sharing or while streaming.
• Attribute the content to your name or your company.
• Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand.
• Do not share content that violates our policies or that may offend others.
• If taking audience requests for details aka in Creativo app "deets", use good judgment; do not input details that might result in violations of our policies.

Content co-authored with the Creativo AI policy

Creators who wish to publish their first-party written content(e.g., a book, compendium of short stories) created in part with the  Creativo AI are permitted to do so under the following conditions:

• The published content is attributed to your name or company.
• The role of AI in formulating the content is clearly disclosed in a way that no reader could possibly miss, and that a typical reader would find sufficiently easy to understand.
• Topics of the content do not violate Creativo AI’s policies mentioned above e.g., are not related to political campaigns, adult content, spam, hateful content, content that incites violence, or other uses that may cause social harm.
• We kindly ask that you refrain from sharing outputs that may offend others.

For instance, one must detail in a Foreword or Introduction (or someplace similar) the relative roles of drafting, editing, etc. People should not represent AI-generated content as being wholly generated by a human or wholly generated by an AI, and it is a human who must take ultimate responsibility for the content being published.

‍