Terms of service

By using this website and by signing up to use Creatify software, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement, and any disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refer to our Company, Creatify Lab Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in singular, plural, capitalization, and/or he/she or they are taken as interchangeable and, therefore, as referring to the same.

Privacy statement

We are committed to protecting your privacy. Authorized employees within the company on a need-to-know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Terms

By accessing the Creatify platform and its features, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Creatify platform. The materials contained on the Creatify platform are protected by applicable copyright and trademark law.

Use license

This is the grant of a license, not a transfer of title, and under this license, you may not:

  1. Attempt to decompile or reverse engineer any software contained on Creatify's pages and chats;

  2. Remove any copyright or other proprietary notations from the materials;

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Creatify at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and, therefore will not be divulged to any third party other than our employees and, if legally required to do so to the appropriate authorities. Clients have the right to request sight of and copies of any and all Client Records we keep on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue the Client with appropriate written information, handouts, or copies of records as part of an agreed contract for the benefit of both parties. We provide you with an option to view all your information held by us at your request.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Payment

If you wish to purchase any product or service made available through The Company (“Payment”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payments; and (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Payments. By submitting your payment information, you understand that we may share that information with these third parties subject to our Privacy Policy.Your Payments is not confirmed until you receive a confirmation email from us or our third-party payment services. In particular, we reserve the right to reject your Payments due to product or service unavailability, or if fraud or an unauthorized or illegal transaction is suspected.

All prices shown by The Company are as a standard denominated in USD. We may determine to show the prices in the currency that The Company determines to be your local currency. All prices shown to Clients include applicable sales taxes at the rate that is in force from time to time.

Refunds

If you make any Payment to The Company as a Client, you have the right to request a refund of the applicable Purchase price without providing a reason at any time within three (3) days of the original date of purchase, if the credits The Company allocates for your Payment are not consumed.

To request a refund (or partial refund), please contact us by using the in-app messenger or email us at hello@creatify.ai. We will issue any refund as soon as possible to the payment method used for the original Purchase once it's approved.Refunds do not apply to Enterprise plans.

Exclusions and limitations

The information on this website and its pages is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  1. Excludes all representations and warranties relating to this website, its pages, and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

  2. Excludes all liability for damages arising out of or in connection with your use of this website or any animated thumbnail created by a customer (for themselves or for their clients). This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damage.

  3. Further, Creatify does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its pages or otherwise relating to such materials or on any sites linked to the Creatify platform or website.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Account creation

In order to use the Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give to Creatify will always be current, correct, and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Product description

We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Limitations

In no event shall Creatify or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on Creatify’s pages, chats, even if Creatify or a Creatify authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and errata

The materials appearing on Creatify’s pages and chats could include technical, typographical, or photographic errors. Creatify does not warrant that any of the materials on its pages or chats are accurate, complete, or current. Creatify may make changes to the materials contained on its pages or chats at any time without notice. Creatify does not, however, make any commitment to updating the materials.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express wrote consent of the Company. The Company does not warrant that the service on this site will be uninterrupted, timely, or error-free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log files

We use IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information, including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission.

Cookies

Like most interactive websites, this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk, and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party's websites that are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us, and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Our intellectual property

The Site and Service contain intellectual property owned by Creatify, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the creatify.ai name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the "look and feel." The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws.

You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service without refund or restrict you from access to the Site if you are caught violating this intellectual property policy.

Copyright and trademark

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Force majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgency, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he, or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

By accessing this website and using our services/buying our products, you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms, and the remaining terms will continue to apply.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

FAQ

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What is included in the free plan?

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Are there any limits on the use of ads made with Creatify?

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Do I keep unused free credits when I sign up with any of the paid plans?