Terms of service

 

Last Updated: 10.10.2019


These terms of service (the “Terms”) are a legal contract between Creative Bot located at 5224 Cheryl Ave, Glendale, United States of America (“Creative Bot”, “we” or “us”) and “you”.  The terms explain how you are permitted to use the services provided by and through our internet properties (either linked by Creative Bot and/or affiliated companies) available at https://www.creativebot.ai and any software, mobile application, and/or application programming interface that Creative Bot provides to you for download or use (all of these virtual properties and applications, collectively, the “Site”).  These Terms also govern your use of all the text, data, information, documentation, software, graphics, proprietary content and more that we and/or our affiliates may make available to you, as well as any services we may provide through this Site.  Collectively, the Site, all content, and the services provided herein are referred to as the “Services”.  

ACCEPTING THESE TERMS IS A CONDITION TO USING THE SERVICES PROVIDED BY CREATIVE BOT.

BY CLICKING BELOW AND ACCEPTING THESE TERMS AND/OR BY USING THE SERVICE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND ARE AGREEING TO THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PRESS ACCEPT, ACCESS OR OTHERWISE USE THE SERVICES.  

1. Contractual relationship.

You represent and warrant that you are lawfully able to enter into contracts.  If you are entering into this legal agreement on behalf of a business entity, you represent and warrant that you have the legal authority and capacity to bind such business entity to these Terms.  If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.  You must be of age under the laws of your jurisdiction (usually 18+ years) to be able to register with us and to access an account. Creative Bot does not knowingly provide Services to any person under the age of 18.

2. Privacy.

Personally Information or Personal Data (as defined below) collected by the Services is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms by reference. If you do not agree to these Terms or the Privacy Policy, you must not accept these Terms or access the Services. By accessing or using the Services, including browsing the Site, you accept and expressly consent to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy

3.  Changes.

We reserve the right to terminate or modify the Services in whole or in part, in any manner in our sole discretion, without notice. The usage of any new Services available on the Site, after the Customer has accepted these Terms, shall be subject to its provisions.  we will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Services to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Services.

we may change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time, and only those currently visible on our Site are up to date and valid at the time.  we will inform you of any modifications to these Terms by posting them on the Site and, if you have registered with us, by describing the modifications to these Terms in an email that we will send to the address that you provided during registration.  To be sure we properly reach your email inbox, we ask that you let us know if your preferred email address changes at any time after your registration.  

If you object to any such modifications, your sole recourse shall be to cease using these Services.  Continued use of these Services following notice of any such modifications and/or after the modifications have been implemented indicates your consent and that you acknowledge and agree to be bound by the modifications.  If you are under a subscription based Services arrangement, please note that modifications shall not adversely affect main provisions of a current subscription, such as terms of payment or termination of the Services, during the then-applicable term. Modifications and changes are effective after the termination of then-current subscription.  

Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of these Services.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

4.  Definitions.  

Terms not otherwise defined shall have the meanings specified below:

“Agent” means any person who is employed by Customer to operate the Services.

“Customer” means “you” i.e. any user, person or entity who creates an account and uses Creative Bot Services supplied by Creative Bot under these Terms.

“End-user” means any person who uses Creative Bot Services in purpose to communicate with the Customer.

“Services” means the services and products supplied by the Creative Bot to the Customer under these Terms specified below.

“Personal Data/Personal Information” has the meaning set forth in our Privacy Policy.

“Third Party Service Provider” means any third party that collects, process and/or uses Personal Information under the instruction of Creative Bot including any consultant, representative, advisor, or independent contractor who renders services to the Creative Bot, a subsidiary, or an affiliate.

5. Access and the use of Services.

Creative Bot Services are exclusively designated for business use and must be used only in accordance with their purpose, application and these Terms.

Creative Bot Services may be used only in line with its original intended purpose. Detailed guidelines concerning the proper use of the Services are described in the Acceptable Use Policy section below.

To be able to use the Services, the Customer must register with us by creating an account. Upon “Registration”, every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for keeping and proper protection of his password and login (credentials) and you are responsible for all acts and omissions performed under your account.  Should you believe your password or security for the Services has been breached in any way, you must immediately notify us.

For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you.  

Customer undertakes to use the Services in accordance with their use, purpose and in a manner consistent with both these Terms and in compliance with applicable law.

Customer bears full responsibility for all contents, phrases, and entries added to the network in connection with the use of the Services.

Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. Customer is aware of risk and threats connected with electronic data transmission.

Creative Bot reserves the right to access Customer accounts for the technical and administrative purposes and for security reasons. The obtained information in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.

Customer declares that it will not use the Service in a way that may constitute a violation of laws.

Violation of these Terms, applicable laws or generally accepted norms and rules shall lead to the termination of Customer’s account, the Services, and these Terms.

6.  Acceptable Use Policy.

This Acceptable Use Policy applies to Creative Bot Services accessible through the Site.

To ensure proper and smooth functioning of the system, you agree and represent that you shall not misuse the Services and products. Consequently, the Customers agree not to (or attempt to):

  • alter, modify, tamper with, repair, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services (and Customer acknowledges that nothing in these Terms grants Customer any right to obtain or use such source code), or create or attempt to create derivative works or improvements of the Services;

  • hinder functioning of the Services especially in the form of hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data,

  • use the Services in a way contradictory to these Terms and causing a real danger for the Creative Bot, for example use the Services to generate or send unsolicited communications or communication judged to be a spam, or otherwise cause Creative Bot to become impaired in its ability to send communications on its own or on its Customers’,

  • misrepresent or mask the origin of any data, content or other information you submit for example by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else or access the Services via another Customer’s account without their permission,

  • use the Services in a way which violates the rights of other individuals or laws,

  • promote or advertise products or services different from the one belonging to the Customer without legal basis,

  • allow or encourage anyone else to commit any of the actions listed above.

As a condition of using the Services the Customer shall (a) as required by applicable law, provide notice to its clients (End-users) and obtain consent if required for use of Creative Bot Services as well as for processing and transferring Agents and End-users Personal Data to the Creative Bot and its Third Party Service Providers (including but not limited to the consent for processing a sensitive data if required); (b) be responsible for its employees, representatives, End-users, and Agents that have access and use the Services; (c) comply with any limitations or restrictions set forth in these Terms, and (d) use the Services only in compliance with applicable law.

Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and Services by the Customer or any other entity or person without express consent of Creative Bot is prohibited. Such acts are not deemed to be the proper use of Services. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Creative Bot is prohibited.

All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Services (collectively, "Customer Content"), is the sole responsibility of the person from whom such Customer Content originated. As between the parties, Customer is wholly responsible for all Customer Content downloaded, uploaded or otherwise transmitted via any of the Services. Creative Bot is not responsible for the Customer Content that the Customer (or its End-users and Agents) submit through the Services.

You hereby grant to Creative Bot a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, store, prepare derivative works, publish, transmit and distribute each of your Customer Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for the purposes of providing you the Services hereunder.  we may modify or adapt your Customer Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Customer Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.  Notwithstanding the above, Creative Bot agrees to use any Personal Information contained in any of your Customer Content in accordance with Creative Bot’s Privacy Policy. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Customer Content posted by you to or through these Services.

You acknowledge and agree that Creative Bot may compile and aggregate Customer Content and to the extent necessary, you hereby grant CreativeBot a royalty-free, nonexclusive, irrevocable, right and license (with the right to sublicense through multiple tiers) to develop Aggregated Data from your use of the Services. “Aggregated Data” means Creative Bot’s combination in an aggregated and de-identified basis of Customer Content that are received, gathered and/or aggregated from or on behalf of Customers, to permit data analyses for the purposes of quality assurance and control of the Services, marketing, improvement of Creative Bot’s products and services, for benchmarking purposes, to provide customized services or technologies, and/or for any other lawful purpose by Creative Bot, its affiliates, licensors, partners and designated agents (on a non-attributed basis). 

When you provide Customer Content you agree that those Customer Content shall not be in violation of this Section 6.  The prohibitions in this Section 6 do not require Creative Bot to monitor,  police or remove any Customer Content or other information submitted by Customer or any End-user. Notwithstanding the foregoing, Creative Bot reserves the right to remove any Customer Content from its Services at any time and for any or no cause. 

The Customer acknowledges and agrees that Creative Bot may engage Third Party Service Providers in connection with the provision of the Services, including without limitation the processing of the Customer’s Personal Data, as further described in our Privacy Policy.

7.  Proprietary Rights and Disclaimers.

“Creative Bot" is a trademark registered in the United States Patent and Trademark Office and is therefore subject to national as well as international protection. Other trademarks, names and logos on this Site are the property of their respective owners.

The Site and all information, content, material, graphics, products (including any software) and Services included on or otherwise made available through the Site are Chabot’s (and its licensors) exclusive property and are protected by copyright and international laws.  All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE SERVICES IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES OR THE SITE ARE FREE OF PROBLEMS.  Without limiting the generality of the foregoing, we make no warranty that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. we make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us or our subsidiaries/other affiliated companies shall create any warranty. we disclaim all equitable indemnities.

8.  Trial license.

We may offer the Services on a free trial basis.  Such free trial will be valid for the weeks agreed in the trial Registration (if any), and depending on the service, because we want you to test the Services in your own business environment and get to know our product well before you make your decision about subscription. During your trial period, we will not charge or ask for your credit card or payment information.  In order to enter into a trial period, you must first execute our pilot license agreement.

9.  Payments.

In the event a Customer wishes to continue using our Services after a free trial, you agree to pay all applicable fees related to your use of the Services which are described fully on our <PAYMENT PAGE (MAKE LINK)>.   we may suspend or terminate your account and/or access to the Services if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.  By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized Services. 

We understand that you might cancel your subscription, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account.  You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.  All payments shall be non-cash transactions, conducted electronically by third party providers of payment processing services.

10.  Refund Policy.

Regardless of the billing cycle, Creative Bot provides no refunds or credits for unused time of the Services or plan downgrades if you decide to close your account before the end of your subscription period.  There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers.

11. Canceling your subscription (the license).

You can cancel your account (license) at any time by sending us an email to support@creativebot.com or by accessing the “Settings” feature on your account.  After canceling, your subscription will continue until the paid term expires.  

12.  Account termination.

A Customer may close its account at any time. Account closing means that the further use of Services with the use of current password and login shall no longer be possible.  The Customer is responsible for closing his account.  

Closing the account by the Customer before the end of subscription period for which a payment has been made does not obligate Creative Bot to refund the amount for the unused period.

Creative Bot reserves the right to close Customer’s account due to gross infringement of the provisions of these Terms or in the event of illegal use of the offered Services.

Creative Bot shall not be liable for any damages suffered by the Customer or the End-user arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault.

13.  Indemnity.

You will defend, indemnify and hold Creative Bot harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that your use of the Services infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) your Customer Content, (iii) the Services or the Creative Bot API to the extent that such Services or the API are modified by you, if the alleged infringement relates to such modification; (iv) the Services or the Creative Bot API that are combined with any product, process or materials where the alleged infringement relates to such combination; (v) your use of a version of the Services or Creative Bot API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which you have an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.

14. Limitation of liability.

Creative Bot does not guarantee compatibility of offered Services and products with other third party software. The Customer shall bear responsibility for the choice and consequences following from the use of other software including its applicability to the Customer’s objectives. Please be aware that due to the complexity of long-distance data transmission there is no possibility to ensure an absolute security, accessibility and continuity of the provided Services.

Creative Bot stipulates that opinions given by users do not reflect in any possible manner Creative Bot’s views and opinions. Creative Bot does not monitor or control Customer’s opinions on a continual basis; if, however, any opinions are in breach with these Terms Creative Bot reserves the right to remove them as soon as possible.

Creative Bot shall bear no liability in particular for:

  • all negative consequences being the result of force majeure,

  • phrases and entries added to the network in connection with the use of offered Services,

  • unlawful and inconsistent with these Terms Customer’s operations while using offered Services and products,

  • disturbances in accessibility of offered products and Services not caused by Creative Bot,

  • damage suffered by the Customer, End-user or any other person or entity arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault,

  • damage suffered by the Customer as a result of a third party using his data that enable him to access the provided Services and products,

  • damage following from the Customer or the impossibility to use offered products and Services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,

  • consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and Services.


WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THESE SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL CREATIVE BOT’S LIABILITY EXCEED THE AMOUNTS YOU PAY CREATIVE BOT FOR USE OF, OR IN CONNECTION WITH, THE SITE.

15. Local laws; Export Control.

We control and operate this Site from our headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are solely responsible for following applicable local laws.

16. Language.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

17.  General.

We think direct communication resolves most issues – if we feel that you are not complying with these terms, we will tell you.  We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to these Services and the Site without prior notice to you.  The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or these Services will be heard in the courts located in Los Angeles, California.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, we are not waiving our rights.  These Terms and all other legal documents incorporated by reference, including the Privacy Policy,  are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Customer and us about these Services.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

18.  Contact us.

if you have any questions about these terms or otherwise need to contact us for any reason, you can reach us at:

Legal Department
Creative Bot, Inc.
5224 Cheryl Ave, Glendale CA
hello@creativebot.ai

Copyright © 2019 CreativeBot All rights reserved.