BRAND TERMS AND CONDITIONS
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 (“Us”). By using the CRE8R Platform, you agree to accept these CRE8R Platform Terms of Use (“TU”)
SITE PRESENTATIONThe Site and Mobile Application is an interface of presentation and access to the 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 commercialise products and/or services to connect with some content creators / social media influencers which are registered with CRE8R (the "Creators") to create content for the Partners in accordance to the norms agreed.
ACCESS TO THE SITE AND THE PLATFORM
2.1 Users of the SiteBy accessing and using the Site or Platform, You expressly and unconditionally agree to the terms in particular. You represent to CRE8R hereby 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.
2.2 Partners using and/or accessing the Platform.You can subscribe to the Platform as a Partner to notably analyse 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").
2.3 RestrictionsCRE8R 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.
3.
INTELLECTUAL PROPERTY3.1
REGARDING THE SITE, THE PLATFORM AND CRE8R ’S TRADEMARKS
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 trademarks 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.
4.
OBLIGATION OF BRAND
a. Please appreciate the energy each Creator has invested into their submission by responding to each one quickly. This will also prevent Creators having a negative experience with your brand.
b. Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect a Creator has crafted with their CRE8R over thousands of posts. If you change the language, you’ll change the response.
c. This platform is for influencers, not celebrities. You may not recognize them, but rest assured their followers do. We believe accessing countless pockets of Influencers is far more meaningful than a large celebrity endorsement.
d. Be aware of the need to be transparent when engaging with influencers, and the requirement to label Creator posts with #ad to tell consumers that it is a paid for post.e. You are required to sufficiently carryout and compensate the Influencer in the event of any cancellation by you.f. Brand shall not require the Influencer to make any claims relating to the quality, efficacy or any other quantitative or qualitative aspect of the Campaign Subject Matter that has not been verified or is true, accurate and can be proven with sufficient evidenc
e.g. The Brand while providing /approving content, using or exploiting the Campaign Materials shall adhere to all the applicable advertising laws including but not limited to Advertising Standard Council of India rules, guidelines in existence or which may come into existence in future relating to digital marketing. The Brand shall solely be liable for any claims arising in this regard. The Brand shall disclose all material information and provide the appropriate labels that the Influencer has to use in the Campaign Material for complying with applicable guidelines including but not limited to ASCI guidelines for digital/influencer marketing or such other guidelines and laws applicable within the jurisdiction where the Campaign has to be released.
5.
FEES
5.1
Fees. You agree to pay Us 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, Travel, Sponsored Post or Paid Media, etc. in accordance with these Terms of Use.
5.2
Taxes. CRE8R will collect all the charges exclusive of all taxes, including any applicable sales, GST, 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, all 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 request before an influencer has shot the content for the brand. There will be no refund once the content has been shot as the agency would have given 100% advance to the influencers. The request should be made via email
gs@cre8r.ai
6.
ACCOUNTS GENERALLY
CRE8R reserves the right to refuse registration of an Account or creation of an account on the platform 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.
7.
RELATIONSHIP WITH SOCIAL MEDIA PLATFORMSWhen you link to any social media account through your Account on the CRE8R Platform, you warrant, represent and covenant that:a. In creating an Account, you are providing your information to CRE8R and not to any social media platform. Whether you are a Creator or a Brand, you are solely responsible and liable for any Content or information you transmit to other users of the CRE8R Platform. To the extent permitted by Law, you agree to indemnify, defend, and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses, and damages (of any nature) which may be incurred in respect of your use of the CRE8R Platform. Any questions, comments, or complaints about the CRE8R Platform must be directed to CRE8R and not to any media or social media platforms.b. The CRE8R Platform may also utilize social network or share functionality and may contain social media links, applications, or features (including but not limited to Facebook, Twitter, and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the CRE8R Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the CRE8R Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications, or features on the CRE8R Platform. The CRE8R Platform is in no way sponsored, endorsed, or administered by, or associated with, any social media platform.c. You are responsible for maintaining the strict confidentiality of your Account details and for any activity carried out using your Account, and you are not to share or transfer your Account details to a third party. You agree to immediately notify CRE8R of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify CRE8R when you desire to cancel your Account. CRE8R will not be responsible or liable for any loss or damage arising from your failure to comply.d. CRE8R retains the right and absolute discretion to suspend, terminate or limit your access to your Account and/or the CRE8R Platform if it believes that you are abusing or tampering with the CRE8R Platform (or any element thereof) in any way, that you have provided misleading information or made any misrepresentations to CRE8R in connection with the CRE8R Platform, that you have breached or are breaching these Terms of Use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the CRE8R Platform (or any element thereof). CRE8R’s legal rights to recover damages or other compensation from you in such circumstances are reserved.e. You must not use any automated software or any other mechanical or electronic means to create Accounts or use an Account that has been created using such means.
8.
SUBMISSION OF CONTENT THROUGH CRE8R PLATFORMWithout 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:a. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;b. is copied or adapted either wholly or substantially from any other work or material;c. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive, or objectionable or contains, depicts, or alludes to or promotes aggressive, unruly, antisocial, lewd, or illegal behaviour or sexually suggestive imagery.d. parodies, disparages, or makes fun of CRE8R or its products of services in any way;e. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs, or email addresses (except to the extent required as part of a Campaign);f. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;g. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;h. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation, or entity;i. contains any viruses, corrupted data or other harmful or malicious code of files.CRE8R retains the right to remove from the CRE8R Platform any Content that it considers breaches these Terms of Use.
9.
USING THE CRE8R PLATFORM
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable, and non-transferable 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 the applicable instructions set out within the CRE8R Platform.You must not:
a. decompiles, reverse engineer, disassemble, convert, or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the CRE8R Platform to a human perceivable form;
b. distribute or republish any element of the CRE8R Platform in any way;
c. resell, rent, lease, license or lend any element of the CRE8R Platform;
d. defeat, disable or circumvent any security feature of the CRE8R Platform;
e. transfer any element of the CRE8R Platform to any third party;
f. use any data mining, robots or similar data gather or extraction methods;g. register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; orh. sell, license, lease or in any way seek to commercialise any component of the CRE8R Platform without specific written authorization from CRE8R.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.
10.
PRIVACY POLICYOur collection use and retention of your personal information is subject to the privacy policy which is available on our website. 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 or by sending email to campaign@cre8r.ai. 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 and data analytics will be removed upon payment of all pending dues till the date of removal.This Site provides you to search, discover and shortlist influencers using search options by providing appropriate search criteria, apart from the workflows that allows campaign management and reporting.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 are 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 apart from services that are defined in the scope of work while executing campaigns 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.
11. DISCLAIMERSWhilst CRE8R endeavours to take all reasonable steps to ensure that the CRE8R Platform operates as expected, the CRE8R Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law, including, without limitation, any implied warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose. CRE8R does not make any guarantees and does not provide any undertaking that the CRE8R Platform will be available at all times or that it will be error free, reliable, or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the CRE8R Platform at your own risk and that CRE8R disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the CRE8R Platform, whether they are direct, indirect, punitive, or consequential (including but not limited to loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures, or damage that occurs to your device or that results from accessing, installing, updating, or using the CRE8R Platform. You assume total responsibility for your use of the CRE8R Platform, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against CRE8R for dissatisfaction with the CRE8R Platform or any content is to stop using the CRE8R Platform or such Content. This limitation of relief is a part of the bargain between the parties.
12.
LIMITATION ON LIABILITYTO 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 SHALL REMAIN LIMITED TO TEN PERCENT OF THE VALUE OF ENGAGEMENT ONLY. 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.
13.
DISPUTE RESOLUTION
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, terms under clause 14 shall apply.
14.
INDEMNIFICATION
The User (in its capacity as “Indemnitor”) agrees to indemnify, defend, and hold harmless affiliates and employees of Us (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.
15.
JURISDICTION AND DISPUTE RESOLUTION: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
and shall be appointed by 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 TU. For the purpose of Jurisdiction this Agreement shall be deemed to be accepted by the User/ Member in India.
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