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These terms of use (the "TU") govern your use and access, either as an individual or a single entity ("You" or "Your" as applicable), to the website available at the following URL address: www.cre8r.ai (the "Site").
The CRE8R Platform is owned and operated by Grunmech Technologies Private Limited. By using the CRE8R Platform, you agree to accept these CRE8R Platform Terms of Use ("Terms of Use")
The Site and Mobile Application is an interface of presentation and access to a platform (the "Platform") available at the following URL address: www.cre8r.ai developed by Grunmech Technologies Pvt Ltd and is operated under the brand CRE8R to enable clients/partners (the "Partners") which own or commercialize products and/or services (such as, without limitation: cosmetics and video games) to connect with some creators which are registered with CRE8R (the "Creators") in order for them to showcase or sample the Partners’ Products, and to post a message or review on their instagram and/or youtube account.
By accessing and using the Site, You expressly and unconditionally agree to the terms in particular. If You are accessing and/or using the Site as a single entity, You represent to CRE8R that You have all necessary corporate or equivalent authority and power to agree to the terms of use whereby when You agree it shall be binding on the corporation, partnership, association or other entity in whose name You are using and accessing the Site as a user.
You can subscribe to the Platform as a Partner by executing an agreement with CRE8R enabling them to notably analyze the data related to Creators’ activities on social media, and to measure the social influence of the Creators and their competence in certain specific domains (the "Services").
CRE8R reserves the right, at its sole discretion, to limit and/or forbid access to the Services, the Site and/or the Platform, and/or to terminate any Partner and/or Creator account which violates the terms of use, applicable laws and/or any third party right such as, without limitation, any intellectual property right.
As a User, a Partner, You acknowledge and agree that the Site, the Platform and the Services may contain elements, materials and content (the "Content") copyrighted and/or protected by patent and/or intellectual property laws.
You are not authorized, without CRE8R ’s prior consent, to modify, copy, rent, share, sell, distribute or create any derivative work from the Content of the Site and/or of the Platform, in whole or in part, nor to proceed to nor use the data extraction systems and/or data collection systems.
The name and logos of CRE8R are registered trademark owned by CRE8R (collectively « CRE8R ’s Trademarks"). The other names and logos of CRE8R ’s products and services used in the scope of the Services are trademarks owned by their respective owners that may or may not be affiliated to CRE8R.
Nothing in the term of use nor any content of the Services should be construed as granting, explicitly or not, any license or right to use CRE8R ’s Trademarks, without CRE8R ’s written authorization in such case.
5.1 Fees. You agree to pay Creator all fees and charges for content creation and the promotion on Creator’s social media platform and all fees and charges payable in respect of the Services required for Campaign delivery, inclusive of Post Fees and/or Paid Content Fees, in accordance with these Terms of Use.
5.2 Taxes. CRE8R will collect all the charges exclusive of all taxes, including any applicable sales, excise, or use taxes (“Taxes”). CRE8R shall include Taxes on an issuance of invoice. Client shall pay any Taxes directly or to CRE8R, as required by law. If Customer is exempt from paying Taxes, Customer shall provide CRE8R with a valid tax exemption certificate. Customer is not responsible for taxes based on CRE8R’s net income, property, or employees.
5.3 Invoicing and Payment. CRE8R shall issue the invoice before the creation or approval of the content by the brand. Unless the invoice states otherwise, Fees are due to begin service and should be paid in advance.
> 5.4 Payment Disputes. In case if the brand creates any disputes with regards to the advance payment or payment dues, a written email / notice with detailed supporting highlighting the reason for the dispute shall be send to Cre8r within 10 business days of Brand’s receipt of the invoice or making of the payment. If Brand fails to comply with the said notice or email then CRE8R holds full right to withhold the advance payments or initiate the arbitration proceedings.
> 5.5 Refund Policy. If for any reason Brand would like to seek refund for the payment then they are required to make the requests 7 days before an influencer goes live with the content created for the brand. The request should be made via email hello@cre8r.ai
> CRE8R reserves the right to refuse registration of an Account for any reason in its sole discretion. Any decision of CRE8R is final and no correspondence will be entered into.
> In registering an Account, you warrant, represent and covenant that you have the right and authority to create an Account and agree to these Terms of Use, including, where relevant, the authority of any Brand or individual to create an Account in its or their name, and to agree to these Terms of Use and to use the CRE8R Platform on its or their behalf.
> All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid.
> You must be logged in to your Account in the manner required each time you wish to use the CRE8R Platform.
> When you link to any social media account through your Account on the CRE8R Platform, you warrant, represent and covenant that:
> Without limiting the other requirements set out in these Terms of Use, you must ensure that any Content you submit and approve on the CRE8R Platform does not contain anything that:
> Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable license to access and use the CRE8R Platform in the manner permitted in these Terms of Use.
> You must use the CRE8R Platform in accordance with any applicable instructions set out within the CRE8R Platform.
> You must not:
> You must not engage in crawling, scraping, caching or otherwise accessing any content on the CRE8R Platform via automated means, except with CRE8R’s written consent.
> CRE8R reserves the right to monitor the CRE8R Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, CRE8R may close or freeze the Account immediately.
> Any costs associated with downloading, installing, accessing and using the CRE8R Platform remain your responsibility and are dependent on the service provider used.
> You are responsible for ensuring that your computer system or mobile device (as applicable) is, and other information technology hardware, software and services are compatible with the CRE8R Platform and meets all relevant technical specifications necessary to access and use the CRE8R Platform.
> Our collection use and retention of your personal information is subject to the privacy policy which is available at this link. By providing such personal information, you consent to receive all information relating to the Site, the services offered by the Site and/or third-party providers, all communication and instructions for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same.
> You may cancel your Account in full at any time by visiting our website. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your Account as provided herein. You hereby acknowledge and agree that if you cancel your Account, the access associated with that membership will be removed.
> This Site provides you to search, discover and shortlist influencers using search options by providing appropriate search criteria, set up trackers for ongoing influencer campaigns, create and share campaign reports, view past reports, analyze influencer marketing and earned media performance and benchmark against competition.
> Once you find out your desired influencer, CRE8R helps you to reach out to influencers. However, for all your interactions with influencers, with other users and any other parties you alone is responsible. CRE8R shall not be a party nor responsible in any manner in all disputes between you and third parties including influencers. However, we reserve the right, without any obligation, to intercede in any disputes. You agree that the Company will not be held responsible, answerable for any of your disputes with other users and Influencers whom you met through CRE8R platform. We make no representations or warranties as to the conduct of any user/blogger/social media influencer.
> Your license to use the Site is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion.
> TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
> TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
> SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
> In the unlikely event that we have a legal dispute, here is what you need to know. If you are dissatisfied with our Services for any reason, please contact CRE8R Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against CRE8R, these terms will apply.
> The User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless affiliates and employees (in its capacity as "Indemnitee”) from and against any and all third-party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to User’s respective violation of these T&C’s, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
> Any question or difference which may arise concerning the construction meaning or effect of this Agreement or concerning the rights and liabilities of the parties hereunder or any other matter arising out of or in connection with this Agreement shall be referred to a single arbitrator who shall conduct proceeding in District Court of Gurugram, Haryana which shall be appointed by the us within 30 days from the written request from the Member. The decision of such arbitrator shall be final and binding upon the parties. The cost of proceedings shall be borne equally by the parties. Any reference under this clause shall be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The courts at Gurgaon, Haryana India shall have exclusive jurisdiction in all the matters arising out of Agreement. For the purpose of Jurisdiction this Agreement shall be deemed to be accepted by the User/ Member in India.
