Terms of Service
Last Updated: June 26, 2023
Welcome to www.creator.io provided by Creator.io and our affiliated entities(“Creator.io”, “us” or “we”). Please read these Terms of Service (“Terms”) carefully. By accessing or using Creator.io, or signing up for an account, you agree that you have reviewed and understood, and, as a condition of your access to or use of Creator.io, you agree to be bound by these Terms, which are a legal agreement between you and us.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CREATOR.IO AGREE THAT ALL DISPUTES RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We want to first start with a few definitions that should help you understand these Terms. Creator.io offers an online AI platform that allows you to create, update, maintain, and host a personalized AI version of yourself, which you can use to reach and manage your end users, customers, subscribers, contacts, and leads (your “Customers”) and scale to the world (the “Creator.io Platform”). Any new features or tools that are added to the current offering will be deemed part of the Creator.io Platform and will also be subject to these Terms. The Creator.io Platform works by training on the data, text, audio, video, images, coaching offerings, websites, personal information, trademarks, copyright content, and other materials you designate (the “Content”).
Creator.io has employees, affiliates, officers, directors, independent contractors, and representatives (our “Team”). As a customer of Creator.io or a representative of an entity that’s a customer of the Creator.io Platform, we refer to you as a “Creator” (or “you”).
Creator.io may modify or change these Terms from time-to-time. When we change these Terms, we will post the revised Terms here. For this reason, you should review these Terms often. Any changes will be effective immediately or, if otherwise specified, on the effective date that is posted on the modified or changed Terms. Your use of the Creator.io Platform after any change or amendment means you agree to the new Terms. If you do not agree to the new Terms, you must stop using the Creator.io Platform.
If you have any questions about these Terms, feel free to contact us at [email protected].
Creator.io Platform Terms of Service Agreement
Thank you for using the Creator.io Platform. Our Creators are the most important aspect of our business and we appreciate you looking to Creator.io to further your business. If you will be using the Creator.io Platform on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “Creator”, “you”, and “your” will refer to that entity or organization.
When you subscribe to the Creator.io Platform, or otherwise use or access the Platform, you agree to be bound by these Terms, all other Creator.io Policies, and all applicable laws, rules, and regulations. If you do not agree to these Terms, you may not use the Creator.io Platform. Creator.io is not a content publisher or provider. Our Creators, users, entrepreneurs, customers, experts, and partners are not our employees, contractors, or representatives. We are not responsible for any interactions between you and your Customers, other than providing the Creator.io Platform. We are in no way liable for any disputes, claims, losses, injuries, or damages of any kind that may arise out of your relationship with your Customers.
1. Your Creator.io Account
1.1Registering an Account. To access and use the Creator.io Platform, you must subscribe to the Creator.io Platform and register for a Creator.io account (“Account”). To complete your Account registration, you must provide us with your full name, a valid email address (your “Primary Email Address”), and any other information requested. Creator.io may reject a subscription for an Account, or cancel an existing Account, for any reason, at our sole discretion.
1.2Eligibility. In order to use the Creator.io Platform or any other Creator.io product or service and open an Account, you must:
Be at least (18) years old (or the applicable age of your jurisdiction) and able to enter into contracts.
If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
Complete the Account registration process.
Agree to these Terms and all other terms, conditions, and policies linked in these Terms.
Provide, true, complete, and up-to-date contact and billing information.
You may only use the Creator.io Platform if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by the United States (such as Cuba, Iran, North Korea, Syria, Russia, the Crimea, Donetsk, or Luhansk regions) or you are on the U.S. Department of Commerce’s Denied Persons List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to use the Creator.io Platform.
By using the Platform, you represent and warrant that you meet all of the requirements listed above, and that you will not use the Platform in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
We may refuse service to anyone for any reason, close Accounts of any Creator, or change eligibility requirements at any time.
1.Subject to Section 1.3.2, the Creator signing up for the Creator.io Platform by opening an Account will be the contracting party for the purposes of our Terms and will be the person who is authorized to use any corresponding Account we may provide to the Creator in connection with the Creator.io Platform.
2.If you are signing up for the Creator.io Platform on behalf of your employer or other entity in which you are engaged, your employer or such other entity will be the Creator, and you must use your employer-issued email address and you represent that you have the authority to bind your employer or such other entity to these Terms.
3.You agree that Creator.io can provide all disclosures and notices, including tax forms, to you by posting such disclosures and notices in your Creator.io Dashboard or emailing them to the Primary Email Address. You must monitor the Primary Email Address and ensure it is capable of sending and receiving messages. Any disclosures and notices shall be considered to be received by you within twenty-four (24) hours of the time it is posted to your Creator.io Dashboard or emailed to you. Your email communications with Creator.io can only be authenticated if they come from your Primary Email Address. You must keep your Primary Email Address and your contact and payment details associated with your Account current and accurate.
6.Technical support in respect of the Creator.io Platform is only provided to Creators. Questions about technical support should be directed to [email protected].
7. Creator.io may terminate your Account and delete any Content or other data contained in it if there is no account activity (such as a log in event) for over 12 months. However, we will attempt to warn you by email before terminating your Account to provide you with an opportunity to log in to your Account so that it remains active.
1.4. Ownership Disputes. In the event of a dispute regarding Account ownership, Creator.io reserves the right to request documentation to determine or confirm Account ownership. Documentation may include, without limitation, a scanned copy of your business license, organizational documents, government issued photo ID, the last four digits of the credit card on file, etc. Creator.io retains the right to determine, in our sole judgment, rightful Account ownership and to transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, we reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
2. Your Content.
2.1 Input, Output, & Content. You may provide input to be processed by the Creator.io Platform (“Input”), and you and your Customers may receive output generated and returned by the the Creator.io Platform based on the Input (“Output”). Input and Output are your Content (as defined above) and you are responsible for any text, images, video, or other content you provide to the Creator.io Platform as well as the resulting material generated and the consequences of it. As between the parties and to the extent permitted by applicable law and relevant third-party rights, you own all Content. Subject to your compliance with these Terms, the Creator.io hereby assigns to you all its right, title, and interest in and to Content to the fullest extent possible. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms and any applicable law and relevant third-party rights. Creator.io may use Content to provide, maintain, and improve the Creator.io Platform, comply with applicable law, and enforce the Creator.io Policies. You are responsible for ensuring that your Content complies with these Terms and Creator.io’s Acceptable Use Policy.
2.2 Ownership & No Violation. You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through the Creator.io Platform; and (b) none of your Content or your Customers’ use of your Content or the Creator.io Platform will violate any applicable laws, any third-party intellectual property, privacy, publicity, or other rights, or the Acceptable Use Policy. You may not represent or imply to others that your Content is any way sponsored, provided, or endorsed by Creator.io.
2.3 Similarity of Content. Due to the nature of machine learning, Output may not be unique across Creators and the Creator.io Platform may generate the same or similar output for you and a third party.
2.4 Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the Creator.io Platform to make it more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of the Creator.io Platform may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
2.5 Risks and Limitations. Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that you are solely responsible for developing your own internal policies regarding the appropriate use of these technologies and training other users on your account on such policies. By using the Creator.io Platform, you acknowledge and agree that Creator.io is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases or limitations of the underlying algorithms or data, and (c) any Output that you or your Customers may find harmful or offensive. If you encounter any Output that is harmful, offensive, or not appropriate for Creator.io, please report it to [email protected] so that we can continue to iterate and improve these features.
2.6 Content Moderation. Creator.io is not responsible for any actions you take with respect to your Content, including sharing it publicly, and we assume no liability for your interactions with your Customers, or other users of your Content. Creator.io reserves the right, but has no obligation, to monitor disputes between you and your Customers. Creator.io does not have an obligation to monitor or review any Content submitted to the Creator.io Platform nor do we pre-screen any Content. You agree that Creator.io can, at any time, review and delete any or all of your Content, although we are not required to do so. For more information, please refer to Creator.io’s Acceptable Use Policy.
2.8Improvement. You hereby grant Creator.io and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, freely transferable, and freely sub-licensable license to use your Content to improve the Creator.io Platform including training Creator.io’s data models using machine learning or artificial intelligence. Creator.io requires this license to your Content to develop and deliver best-in-class AI tools to you. If you do not want Creator.io to use your Content in this way, you may opt out of using Creator.io at any time in your sole discretion by emailing [email protected]. Creator.io will cease using your Content and prohibit you from using the Creator.io Platform starting from the timestamp of your opt-out.
2.9. Creator.io’s Right to Use Your Name. You grant to Creator.io a non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your Account to operate, provide, market, and promote the Creator.io Platform and to perform our obligations and exercise our rights under these Terms. Any goodwill arising from the use of your name and logo will inure to your benefit. This license will survive any termination of these Terms solely to the extent that Creator.io requires the license to exercise any rights or perform any obligations that arose under these Terms.
2.10. Claims for Intellectual Property Infringement. Creator.io fully respects the intellectual property rights of others and we expect our users to do the same.
1.If we receive a complaint that your Content is infringing on a third-party’s copyright, we are required to respond in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify us in accordance with our Copyright (“DMCA”) Policy.
2.If you believe that a Creator is infringing upon your intellectual property rights other than copyrights (such as trademark infringement), please contact us at [email protected].
3. Privacy, Security and Confidentiality
3.4 Security. Creator.io will store and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. Creator.io cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use such Content for improper purposes.
4. Creator.io’s Intellectual Property
4.1. Creator.io’s Trademarks.
1.Neither the Terms nor your use of the Creator.io Platform grants you ownership in the Creator.io Platform or any content you access through the Creator.io Platform (other than your Content). You agree that you may not use any trademarks, logos, or other brand elements of Creator.io whether registered or unregistered, including but not limited to the word mark Creator.io (“Creator.io Trademarks”) unless you are authorized to do so by Creator.io in writing. You agree not to use or adopt any marks that may be considered confusing with Creator.io’s Trademarks. You agree that any variations or misspellings of the Creator.io Trademarks would be considered confusing with the Creator.io Trademarks.
2.You agree that you will not purchase, register, or use search engine or other pay per click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use any Creator.io Trademark and/or variations and misspellings thereof.
4.2 Creator.io’s Platform.
1. We or our licensors own all right, title, and interest in and to the Creator.io Platform, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform solely in accordance with the Terms. Except as provided in this Section 4.2., you obtain no rights from us, our affiliates, or our licensors to the Creator.io Platform, including any related intellectual property rights.
2. We reserve the right to provide the Creator.io Platform to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Creator.io employees and contractors may also be Creators and that they may compete with you, although they are prohibited from using your Content or confidential information in doing so.
4.3 Feedback. Creator.io welcomes from its Customer’s ideas and/or suggestions regarding improvements or additions to the Creator.io Platform. All ideas, suggestions, comments, input, feedback, and related materials and any review of the Creator.io Platform will collectively be referred to as “Feedback”. Creator.io will have no obligation of confidentiality for any such Feedback. By submitting Feedback to Creator.io (whether submitted directly to Creator.io or posted on any Creator.io hosted forum or page), you waive any and all rights in the Feedback and agree that Creator.io is free to use, reproduce, publicly display, distribute, modify, implement, or publicly perform the Feedback if desired, as provided by you or as modified by Creator.io, without obtaining permission or license from you or from any third party. Any Feedback you choose to provide, and Creator.iomay use, is given entirely voluntarily and without any expectation of compensation or credit.
5. Beta Services. From time to time, Creator.io may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all Creators (“Beta Services”). Beta Services may be subject to specific Beta Program Terms and may be subject to additional rules or restrictions, which Creator.io will provide to you prior to your use of the Beta Services. Beta Services may be provided for evaluation or testing purposes only, and, therefore, may contain bugs or errors, any may not be as reliable as other features of the Creator.io Platform. Such Beta Services and all associated conversations and materials relating thereto will be considered Creator.io confidential information. When using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Creator.io’s prior written consent. Creator.io makes no representations or warranties that the Beta Services will function and the Beta Services are provided as-is. Creator.io may discontinue the Beta Services at any time in its sole discretion and we may decide to not make the Beta Services generally available. Creator.io will have no liability for any harm or damage arising out of or in connection with a Beta Service.
6.Third-Party Terms. The Creator.io Platform is powered by one or more third-party vendors, including, without limitation, Open AI, LLC (“Open AI” together with other such third-party vendors, “AI Vendors”). By using the Creator.io Platform, you are also accepting and agreeing to be bound by terms of service and other policies of these AI Vendors (see Open AI's Policies), which are legal agreements between you and these AI Vendors (the “AI Vendor Terms”). Creator.io is not a party to such AI Vendor Terms and is not liable to you in respect thereof. Creator.io reserves the right to replace any AI Vendor at any time, in its sole discretion. In case of any inconsistency between this Agreement and the AI Vendor Terms, this Agreement shall prevail.
7.Your Responsibilities & Our Rights
1.You will comply with our Acceptable Use Policy.
2. The Creator.io Platform is not directed at children under the age of 16 and Creator.io does not knowingly collect personal information from children. In your use of the Creator.io Platform it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA). If you collect any personal information pertaining to a minor and store such information within your Account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
3. Neither you nor any of your authorized users nor Customers will use the Creator.io Platform in any manner or for any purpose other than as expressly permitted by the Terms. Neither you nor any of your authorized users nor Customers will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of the Creator.io Platform; (b) reverse engineer, disassemble, or decompile the Creator.io Platform or apply any other process or procedure to derive the source code of any software included in the Creator.io Platform (except to the extent applicable law doesn’t allow this restriction); (c) resell or sublicense the Creator.io Platform; or use the Creator.io Platform; or (d) access or use the Creator.io Platform (i) in a way intended to avoid incurring fees or exceeding usage limits or quotas (ii) to develop data sets, foundation models, or other large scale models that may compete with Creator.io or the Creator.io Platform, (iii) to mislead any person or imply that Output generated using the Creator.io Platform is unique or solely human generated, (iv) in a manner which violates any AI Vendor Terms or any Creator.io Policies; (v) for any illegal or unauthorized purpose (including as set forth in the Acceptable Use Policy); (vi) to violate any laws in your jurisdiction, the laws applicable to you in your Customers’ jurisdictions, or the laws of the United State or California; or (vii) in a way that violates these Terms or any other Creator.io Policies.
4.You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
7.2Compliance with Laws and Regulations
1.You must always use the Creator.io Platform in compliance with, and only as permitted by, applicable laws and regulations. You are responsible for determining whether the Creator.io Platform is suitable for your use given your obligations under any federal, state, and international specific laws, requirements, guidelines, and/or standards (collectively, “Laws”) that apply or may potentially apply to you and your Content and business, including, but not limited to Data Protection Laws (as defined in the Data Processing Addendum), laws regarding accessibility, taxes, and subscriptions and auto-renewals, the Health Insurance Portability and Accountability Act (HIPAA), anti-corruption and anti-bribery laws and regulations, economic sanctions, and export control laws and regulations.
2.You agree, represent, and warrant to Creator.io that:
You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Creator.io and to enable such data to be lawfully collected, processed, and shared by Creator.io for the purposes of providing the Platform or as otherwise directed by you.
3.You may not use the Creator.io Platform to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
8. Suspension & Termination of Your Account
8.1Term. The term of these Terms will commence on the date you complete your Account Registration and continue until terminated by us or by you as provided below.
8.2 By You. You can terminate your Account by contacting us at [email protected]. Terminations are confirmed immediately.
8.3By Creator.io. Without limiting any other remedies available, we may suspend or terminate your Account for any reason, without notice, and at any time (unless required by Law), including if we suspect that you have engaged in fraudulent activity in connection with the use of the Creator.io Platform or otherwise violated these Terms. We may also terminate your Account if your Account is inactive for 12 months. Termination of your Account and these Terms will be without prejudice to any rights or obligations that arose prior to the date of termination.
8.4Effects of Termination. Upon termination of your Account by either party for any reason:
1.We will cease providing you with access to the Creator.io Platform and your Account and your Customers will no longer have access to the Creator.io Platform and your Content.
2.Once your Account is terminated, you acknowledge and agree that we permanently delete your Account and all data associated with it, including your Customers, your Content.
9. Changes and Updates
9.1Changes to Terms. You acknowledge and agree that Creator.io may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable Law or updates to Platform, and to account for new features or functionality. The most current version will always be posted on our website. If an amendment is material, as determined in Creator.io’s sole discretion, we may notify you by email to your Primary Email Address and/or posting it to the our website or upon your login to your Account. However, we may make changes that materially adversely affect your use of the Creator.io Platform or your rights under these Terms at any time and with immediate effect (i) for legal, regulatory, fraud, and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Creator.io Platform after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms as amended. If you do not agree to the amended Terms, you must stop accessing and using the Creator.io Platform.
9.2Changes to the Creator.io Platform. We are continually changing and improving the Creator.io Platform. Creator.io may add, alter, or remove functionality from the Platform at any time without prior notice. Creator.io may also limit, suspend, or discontinue a specific functionality or feature provided to you at our discretion and will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content if necessary.
10. Disclaimers & Limitations of Liability
10.1 No Warranties. While Creator.io strives to provide you with a great experience when using the Creator.io Platform (and we love to please our Customers), there are certain things we do not promise about the Creator.io Platform. We try to keep the Creator.io Platform up, but it may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND CREATOR.IO DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA LOSS, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PLATFORM. BECAUSE CREATORS USE THE CREATOR.IO PLATFORM FOR A VARIETY OF REASONS, WE CANNOT GUARANTEE THAT THE CREATOR.IO PLATFORM WILL MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE OUTPUT. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CREATOR.IO OR THROUGH THE CREATOR.IO PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT THE QUALITY OF THE INPUT WILL IMPACT THE QUALITY OF THE OUTPUT. IF THE INPUT IS INACCURATE, INCOMPLETE, OR INCONSISTENT, THE OUTPUT WILL LIKELY REFLECT SUCH DEFICIENCIES. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE ACROSS USERS OF THE CREATOR.IO PLATFORM AND THE CREATOR.IO PLATFORM MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY OR DIFFERENT OUTPUT WITH THE SAME PROMPT OR OTHER INPUT.
10.2 Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT (A) YOU ASSUME FULL LIABILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE CREATOR.IO PLATFORM; AND (B) CREATOR.IO AND ITS TEAM WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CREATOR.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL WE OR OUR TEAM BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE CREATOR.IO PLATFORM IN VIOLATION OF THESE TERMS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION.
10.3 Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CALENDAR MONTH, THE AGGREGATE TOTAL LIABILITY OF EACH OF CREATOR.IO AND ITS TEAM ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO CREATOR.IO FOR YOUR USE OF THE PLATFORM THE PRECEDING MONTH.
10.4 Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
11.1 General. You agree that you are solely and exclusively responsible for the entirety of your Content. To the fullest extent permitted by law, you will indemnify and hold harmless Creator.io and our Team from all liabilities, damages, and costs (including settlement costs and attorneys’ fees and expenses) arising out of a third party claim regarding or in connection with (a) your, or your Customers use of the Creator.io Platform, including but not limited to, your Content; (b) your breach of these Terms or any other policies incorporated herein; (c) violation of applicable Law by you, your Customers, or your Content; (d) any misrepresentations by you; (e) a dispute between you and your Customers, other users, including but not limited to refunds, fraudulent transactions, alleged or actual violation of Laws, or your breach of these Terms; or (f) a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights.
11.2 Process. We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.
12. Resolving Disputes; Arbitration Agreement; Governing Law.
12.1 Resolving Disputes. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against Creator.io, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of the date we receive your initial email, you or Creator.io may bring a formal proceeding.
12.2. Judicial Forum for Disputes. You and Creator.io agree that any judicial proceeding to resolve claims relating to these Terms or the Creator.io Platform will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and Creator.io consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
12.3. Mandatory Arbitration Provisions. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Creator.io agree to resolve any claims relating to these Terms or the Creator.io Platform through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You may decline these arbitration terms with respect to these Terms within thirty (30) days of first registering your Account by contacting us at [email protected].
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County, CA, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
Exceptions to Agreement to Arbitrate. Either you or Creator.io may assert claims, if they qualify, in small claims court in Orange County, CA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
12.4 Governing Law. These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
13. Other Terms
13.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
13.2. Entire Agreement. These Terms, and any other policy located in our website, constitute the entire agreement between you and Creator.io, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
13.3 Independent Contractors. The relationship between you and Creator.io is that of independent contractors, and not legal partners, employees, or agents of each other.
13.4 Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
13.5 No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
13.6 Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
13.7 Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
13.8 Survival. On termination, all related rights and obligations under these Terms immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and (b) Section 2 (Your Content), Section 3 (Privacy, Security, and Confidentiality), Section 4 (Creator.io’s Intellectual Property), Section 8 (Suspension and Termination of Your Account), Section 10 (Disclaimers and Limitations of Liability), Section 11 (Indemnification), Section 12 (Resolving Disputes; Arbitration Agreement; Governing Law), and Section 13 (Other Terms) and any other provision that by its nature, should survive termination or expiration of these Terms, will survive the expiration or termination of these Terms.
13.9Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
13.10 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
13.11 How to Contact Us. You may contact us regarding the Platform or these Terms by email at [email protected].