Terms of Service

These Terms of Service (“Terms”) govern access to and use of the websites, cloud services, APIs, SDKs, integrations, software, and related services provided by CreativAI (collectively, the “Services”).

By creating an account, clicking a checkbox or button indicating your acceptance of these Terms, or otherwise affirmatively agreeing to these Terms, you agree to be bound by these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree to these Terms, do not access or use the Services.

If you or your organization has a separate written agreement with CreativAI, including a master services agreement, order form, data processing addendum, or enterprise agreement, that agreement controls to the extent of a conflict with these Terms.

1. Eligibility and Authority

You must be at least 18 years old or the age of legal majority where you live to create an account.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You represent that you are not located in, or a resident of, a comprehensively sanctioned country, are not on any applicable U.S. or other restricted-party list, and are not otherwise barred from using the Services under applicable law.

2. Accounts and Credentials

You must provide accurate account information and keep it current.

You are responsible for safeguarding credentials, API keys, integration tokens, and other authentication methods associated with your account.

You are responsible for activity performed through your account by you, your authorized users, or anyone using your credentials, unless caused by CreativAI’s breach of these Terms or CreativAI’s violation of applicable law.

You must promptly notify us at contact@creativ-ai.com if you believe your account or credentials have been compromised.

3. The Services

CreativAI provides software and infrastructure for ingesting, indexing, searching, analyzing, and extracting structured information from customer-provided video, images, documents, live streams, and related content.

Features may include semantic retrieval, knowledge extraction, structured data tables generated from Customer Content (“Data Plates”), conversational interfaces, live-stream analysis, integrations, and developer tools. Data Plates are treated as Outputs under these Terms.

We may modify, add, or remove features over time. We will use commercially reasonable efforts to provide at least 30 days’ notice of material adverse changes to the Services and will not materially reduce the core functionality of paid Services during a prepaid term.

4. Customer Content

4.1 Ownership

As between you and CreativAI, you retain your rights in the videos, images, documents, streams, prompts, queries, metadata, and other content you or your users provide to the Services (“Customer Content”).

CreativAI does not acquire ownership of Customer Content merely because you use the Services.

4.2 License to Provide the Services

You grant CreativAI a limited, non-exclusive, worldwide license to host, copy, transmit, process, transform, index, create technical or analytical derivatives from, and otherwise use Customer Content solely as necessary to provide, secure, support, and administer the Services for you, comply with law, and enforce our agreements.

In providing the Services, CreativAI may generate technical or analytical derivatives of Customer Content, including embeddings, indexes, transcripts, thumbnails, extracted metadata, and similar artifacts. Any such derivatives are treated as Customer Content under these Terms, remain owned by you, are not used for the benefit of other customers, and will be deleted with the applicable Customer Content, subject to any limited retention permitted under these Terms.

CreativAI may use subprocessors to process Customer Content as necessary to provide the Services, provided that such subprocessors are subject to confidentiality, security, and data-protection obligations that are substantially equivalent to those applicable to CreativAI.

This license ends when the applicable Customer Content is deleted, except for limited retention required by law or for security, accounting, or dispute-resolution purposes.

4.3 No Model Training on Customer Content

CreativAI does not use Customer Content to train, fine-tune, or improve CreativAI or third-party foundation models.

Customer Content is processed to fulfill customer-initiated requests.

Relevance feedback or corrections may be used to re-rank or improve that customer’s own results at query time, but are not aggregated into general model-training datasets.

Relevance feedback, corrections, labels, and similar customer-provided signals are Customer Content and may be used solely within that customer’s workspace to re-rank or improve that customer’s results at query time. Such signals are not aggregated across customers or used to train or improve general models unless the customer expressly opts in.

4.4 Usage Data

CreativAI may collect and use aggregated and de-identified telemetry and usage data regarding the operation and use of the Services (“Usage Data”), including feature usage, performance metrics, error rates, and system interactions, for analytics, security, support, capacity planning, and improving the Services. Usage Data does not include Customer Content and will not identify the customer or any individual.

5. Your Responsibilities for Customer Content

You are solely responsible for Customer Content and for ensuring that your collection, upload, connection, use, analysis, sharing, and other processing of Customer Content complies with applicable law and does not violate third-party rights.

Without limiting the foregoing, you represent and warrant that you have all rights, notices, permissions, consents, licenses, and lawful bases necessary to provide Customer Content to the Services and instruct CreativAI to process it.

If Customer Content includes footage or information about individuals, devices, homes, workplaces, public spaces, employees, contractors, customers, or other persons, you are responsible for any legally required notice, consent, signage, contractual permission, or other authorization.

Biometric Data and Identification. The Services may process images, video, voice data, or other information that may constitute biometric identifiers or biometric information under applicable law when provided by you or processed as part of your use of the Services. CreativAI will not enable facial recognition or other biometric identification functionality unless expressly agreed in writing with the customer.

If your use of the Services involves biometric identifiers, biometric information, facial recognition, voice identification, or similar technologies, you are solely responsible for obtaining all notices, consents, releases, and other authorizations required by applicable law before collecting, uploading, or processing such information through the Services.

Special Categories of Data. You may not upload or process health information, children’s data, or other sensitive or specially protected categories of personal information through the Services unless CreativAI has expressly agreed in writing to such processing and any required contractual or compliance safeguards are in place.

6. AI Outputs and Human Review

The Services use artificial intelligence and machine-learning systems.

Search results, extracted fields, descriptions, confidence scores, assistant responses, predictions, or other outputs (collectively, “Outputs”) may be incomplete, inaccurate, or unsuitable for a particular purpose.

You are responsible for reviewing Outputs and the underlying source material before relying on them.

Unless CreativAI expressly agrees otherwise in writing, you may not use the Services or Outputs as the sole basis for decisions that produce legal or similarly significant effects on an individual, including decisions relating to employment, housing, credit, insurance, education admissions, law enforcement or criminal justice, healthcare, or comparable high-impact decisions.

You are solely responsible for determining whether your use of the Services is subject to any automated-decision, artificial-intelligence, profiling, or similar laws or regulations, and for complying with all applicable obligations, including any required notices, disclosures, consents, assessments, human review, appeal rights, or other safeguards.

You remain responsible for any decision or action you take based on an Output.

7. Acceptable Use

You may not use the Services to:

• Violate applicable law, regulation, court order, contractual obligation, or third-party right.
• Upload or process content that you do not have the right or lawful authority to process.
• Circumvent access controls, rate limits, usage limits, authentication, or security mechanisms.
• Probe, scan, test, or exploit vulnerabilities except through an authorized security-testing program or with our written permission.
• Interfere with, disrupt, overload, damage, or impair the Services or another user’s access to the Services.
• Reverse engineer, decompile, disassemble, copy, or attempt to derive source code, models, or non-public components of the Services except to the limited extent such restriction is prohibited by law.
• Use the Services to build or train a competing model or service using non-public CreativAI technology, Outputs, or proprietary components, except as expressly permitted by a separate written agreement.
• Introduce malware, malicious code, prompt-injection payloads intended to compromise systems, or other harmful material.
• Use the Services to unlawfully identify, track, profile, discriminate against, harass, or harm individuals.
• Misrepresent AI-generated or AI-assisted Outputs in a manner that is fraudulent or materially deceptive.
• Upload, create, transmit, store, or process child sexual abuse material (“CSAM”), sexual exploitation material involving minors, or other illegal content. CreativAI may report apparent CSAM to the National Center for Missing & Exploited Children or other appropriate authorities as required by applicable law, including 18 U.S.C. § 2258A.
• Use biometric identification, facial recognition, voice identification, or similar biometric technologies without obtaining all notices, consents, and authorizations required by applicable law and, where required under these Terms, CreativAI’s authorization.
• Engage in covert or unlawful surveillance, tracking, monitoring, or identification of individuals.
• Use the Services in violation of applicable export-control, trade-restriction, or sanctions laws.
• Scrape, crawl, harvest, extract, or systematically collect data, Outputs, metadata, or other information from the Services except through functionality expressly authorized by CreativAI.
• Resell, sublicense, lease, distribute, provide service-bureau access to, or otherwise commercially make the Services available to third parties without CreativAI’s prior written authorization.

We may investigate suspected violations and may suspend or restrict access when reasonably necessary to protect the Services, other users, or third parties, or to comply with law.

8. Integrations and Third-Party Services

The Services may connect with third-party services, devices, storage providers, identity systems, or other integrations.

You choose whether to enable those integrations.

Your use of a third-party service is governed by the third party’s terms and privacy practices. CreativAI is not responsible for third-party services that are not controlled by CreativAI.

Where an integration uses OAuth or a similar authorization mechanism, you authorize CreativAI to receive and use the access token and permitted scopes necessary to provide the requested integration.

You may disconnect integrations through available controls. Disconnecting an integration stops future collection from that source. CreativAI will revoke or discard applicable OAuth access tokens and other authorization credentials associated with the disconnected integration.

Customer Content previously ingested from the disconnected source will remain in the Services until you delete it, your account is terminated, or it is otherwise deleted in accordance with Section 10. Disconnecting an integration does not automatically delete Customer Content previously imported from that source.

9. Fees, Billing, and Taxes

Paid Services are billed according to the applicable order form, plan, pricing page, usage schedule, or other commercial terms presented to you.

You agree to pay all fees and applicable taxes when due. You authorize CreativAI and its payment processors to charge the payment method associated with your account for all applicable fees, usage charges, taxes, and other amounts due under your selected plan.

Auto-Renewal and Cancellation. If you purchase a self-service subscription that automatically renews, your subscription will renew for successive periods of the same duration unless you cancel before the applicable renewal date. The applicable renewal terms and recurring charges will be disclosed at the time of purchase. You may cancel an automatically renewing self-service subscription through the account settings or other cancellation method made available by CreativAI. Cancellation will take effect at the end of the then-current paid term unless otherwise stated.

Enterprise or separately negotiated subscriptions will renew, expire, or terminate according to the applicable order form or written agreement.

Invoice Disputes. You must notify CreativAI in writing of any good-faith dispute regarding an invoice within 30 days after the invoice date, identifying the disputed amount and the basis for the dispute. You must timely pay all undisputed amounts.

Price Changes. CreativAI may change pricing for future subscription periods. For automatically renewing paid plans, we will provide at least 30 days’ prior notice of a material price increase before the applicable renewal, and the updated pricing will apply beginning with the next renewal term unless otherwise agreed in writing.

Taxes. Fees are exclusive of applicable sales, use, value-added, withholding, and similar taxes, duties, or assessments, except for taxes imposed on CreativAI’s net income. You are responsible for paying all applicable taxes associated with your purchase or use of the Services, unless you provide CreativAI with a valid tax-exemption certificate.

Except where required by law or expressly stated otherwise in these Terms or an applicable written agreement, fees are non-refundable.

10. Data Retention and Deletion

For accounts in good standing, Customer Content is generally retained for as long as you maintain it in the Services and maintain the applicable account or storage.

You may delete individual items, collections, conversations, or your entire account using available controls.

When Customer Content is permanently deleted, CreativAI will remove the applicable Customer Content and related customer-specific derived data from active systems within 30 days, except to the extent retention is required by applicable law or reasonably necessary for security, fraud prevention, accounting, or dispute-resolution purposes.

Residual copies may remain in backup systems for up to 90 days following deletion. Backup copies are maintained for disaster-recovery and business-continuity purposes and will not be restored to active systems except as reasonably necessary for disaster recovery or similar system-restoration purposes.

Following termination or expiration of the Services, you will have 30 days to export available Customer Content, as described in Section 16. After that export period, CreativAI may begin deleting Customer Content in accordance with the timelines above, subject to any applicable written agreement or legal retention requirement.

You are responsible for maintaining copies of Customer Content that you need outside the Services.

Once permanently deleted in accordance with this Section, Customer Content may not be recoverable.

11. Confidentiality

Each party may receive non-public information from the other that is identified as confidential or that reasonably should be understood to be confidential (“Confidential Information”).

The receiving party will use Confidential Information only to perform or exercise rights under the applicable relationship, will protect it using reasonable care, and will disclose it only to personnel, contractors, or advisers who need to know it and are subject to confidentiality obligations.

Confidential Information does not include information that the receiving party can document:

• Was lawfully known without restriction;
• Becomes public through no breach;
• Is received lawfully from a third party without duty of confidentiality; or
• Is independently developed without use of the other party’s Confidential Information.

If disclosure is legally required, the receiving party may disclose the minimum required information and, where legally permitted, will provide reasonable advance notice to the other party.

12. Intellectual Property

CreativAI and its licensors own all rights, title, and interest in the Services, including software, APIs, SDKs, models, workflows, documentation, designs, trademarks, and other proprietary technology, excluding Customer Content.

Except for the limited rights expressly granted in these Terms, no rights are granted by implication, estoppel, or otherwise.

If you provide feedback, suggestions, or ideas about the Services, you grant CreativAI a worldwide, perpetual, irrevocable, royalty-free right to use that feedback without restriction or obligation, provided we do not identify you publicly as the source without permission.

As between the parties, you own Outputs generated from your Customer Content, subject to CreativAI’s rights in the Services and any applicable third-party rights. To the extent CreativAI has any right, title, or interest in such Outputs, CreativAI assigns those rights to you.

Outputs may not be unique, and the Services may generate the same or similar Outputs for other customers or users. Your ownership of an Output does not extend to similar or identical outputs independently generated for others.

Nothing in this Section transfers ownership of the Services, underlying models, software, APIs, SDKs, workflows, algorithms, system components, or other CreativAI technology used to generate Outputs.

13. Privacy and Data Protection

Our Privacy Policy, available at https://creativ-ai.com/privacy or any successor URL, explains how we collect, use, share, retain, and protect personal information.

If applicable, a separate Data Processing Addendum may govern CreativAI’s processing of personal data on behalf of a customer.

14. Security

CreativAI maintains technical and organizational safeguards designed to protect the Services and Customer Content against unauthorized access, use, disclosure, alteration, or destruction.

CreativAI will notify you without undue delay after becoming aware of a security incident that results in unauthorized access to or disclosure of your Customer Content, and will provide information reasonably necessary for you to satisfy applicable legal or regulatory notification obligations.

Security incidents or suspected vulnerabilities may be reported to contact@creativ-ai.com.

You acknowledge that no system is completely secure and that internet-based services involve inherent security risks.

15. Beta, Preview, and Evaluation Features

Features identified as beta, preview, early access, evaluation, or similar may be incomplete, change without notice, have reduced support, or be discontinued.

Unless otherwise agreed in writing, beta and evaluation features are provided “as is” and should not be used for production-critical workloads.

16. Suspension and Termination

We may suspend or terminate access if you materially breach these Terms, fail to pay amounts when due, create a security or legal risk, use the Services unlawfully, or if suspension is reasonably necessary to protect the Services or others.

Except where immediate suspension or termination is reasonably necessary for security, legal, fraud, abuse, or similar urgent reasons, we will provide written notice of a material breach and 30 days to cure the breach before terminating the Services.

Upon termination, your right to use the Services ends. Subject to Section 10 and any applicable written agreement, you will have 30 days after termination to export available Customer Content. After that period, CreativAI may delete Customer Content from its systems, subject to any limited retention required by law, security, backup, accounting, or dispute-resolution obligations.

If CreativAI terminates paid Services for convenience or permanently discontinues the applicable Services without replacing them with substantially equivalent functionality, CreativAI will refund any prepaid fees attributable to the unused portion of the terminated Services. No refund is required where termination results from your breach of these Terms, failure to pay amounts due, unlawful use, or other cause attributable to you.

Provisions that by their nature should survive termination will survive, including payment obligations accrued before termination, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute provisions, and other terms necessary to give effect to accrued rights.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

CREATIVAI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CREATIVAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL BE COMPLETE OR ACCURATE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVAI’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO CREATIVAI FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF YOU HAVE NOT PAID CREATIVAI FOR THE SERVICES, CREATIVAI’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED US$100, OR SUCH GREATER AMOUNT AS MAY BE REQUIRED BY APPLICABLE LAW.

The exclusions and limitations in this Section do not limit your payment obligations, your indemnification obligations under Section 19, liability arising from your violation of Section 7 (Acceptable Use), or your infringement, misappropriation, or unauthorized use of CreativAI’s intellectual property or proprietary rights.

The exclusion for loss of data does not modify or eliminate any express obligations of CreativAI regarding the retention, return, or deletion of Customer Content expressly stated in these Terms or an applicable written agreement.

The exclusions and limitations in this Section do not apply to liability that cannot lawfully be excluded or limited.

A separate enterprise agreement may contain different liability terms.

19. Indemnification

19.1 Your Indemnification Obligations. To the extent permitted by law, you will defend, indemnify, and hold harmless CreativAI and its affiliates, officers, directors, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

(a) Customer Content;
(b) your use of the Services in violation of these Terms or applicable law; or
(c) your violation of any third-party rights, including any failure to obtain required rights, permissions, notices, or consents for Customer Content.

19.2 CreativAI IP Indemnification. For customers using paid Services, CreativAI will defend, indemnify, and hold you harmless from third-party claims alleging that the Services, when used by you in accordance with these Terms, infringe or misappropriate that third party’s intellectual property rights.

CreativAI will have no obligation under this Section to the extent a claim arises from:

(a) Customer Content;
(b) your modification of the Services or use of the Services in violation of these Terms or CreativAI documentation;
(c) combination of the Services with products, services, technology, or materials not provided or authorized by CreativAI, where the claim would not otherwise have arisen; or
(d) continued use of allegedly infringing Services after CreativAI has provided a reasonable replacement, modification, or instruction to discontinue such use.

If the Services become, or in CreativAI’s reasonable opinion are likely to become, subject to an infringement claim, CreativAI may, at its option, procure the right for you to continue using the Services, modify or replace the affected Services with substantially equivalent functionality, or terminate the affected Services and refund any prepaid fees attributable to the unused portion of the terminated Services.

19.3 Indemnification Procedure. The party seeking indemnification must promptly notify the indemnifying party of the applicable claim and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party will control the defense and settlement of the claim, provided that it may not settle any claim in a manner that admits liability by, imposes non-monetary obligations on, or materially adversely affects the indemnified party without that party’s prior written consent, not to be unreasonably withheld.

The indemnification obligations in this Section are subject to the applicable limitations of liability in Section 18, except to the extent otherwise agreed in writing.

20. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will provide at least 30 days’ prior notice before those changes take effect through the registered account email address, in-product notifications, or other reasonable communication channels.

For customers on a paid term, material changes will generally take effect at the customer’s next renewal rather than during the then-current prepaid term, unless an earlier change is required by applicable law, necessary to address security, fraud, or abuse, or otherwise expressly agreed by the parties.

For new users, updated Terms will become effective when posted or on any later effective date stated in the updated Terms.

For existing users, continued use of the Services after the applicable effective date constitutes acceptance of the updated Terms to the extent permitted by law.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent another law must apply.

Unless a separate written agreement states otherwise, any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state courts located in Santa Clara, California, or the federal courts located in the Northern District of California, and each party consents to the personal jurisdiction and venue of those courts.

If you are a consumer and applicable law gives you the right to bring a claim in the courts of your country or place of residence, or otherwise prohibits the foregoing choice of law or forum, those mandatory rights are not affected by this Section.

Nothing in this section prevents either party from seeking emergency or injunctive relief in a court of competent jurisdiction.

22. General Terms

Assignment. You may not assign these Terms without our prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets where the assignee agrees to be bound by these Terms. CreativAI may assign these Terms in connection with a corporate reorganization, merger, acquisition, financing, or sale of assets.

Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations.

No Waiver. Failure to enforce a provision is not a waiver of that provision.

Severability. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

No Third-Party Beneficiaries. These Terms do not create third-party beneficiary rights unless expressly stated otherwise.

Notices. Legal notices to CreativAI must be sent to the legal contact information listed in Section 23. Notices to you may be sent to the email address associated with your account or otherwise provided in connection with the Services. Notices will be deemed received when delivered by email, or, if sent by nationally recognized overnight courier or certified mail, when delivery is confirmed.

Export Controls and Sanctions. You must comply with all applicable export-control, trade, and economic-sanctions laws and regulations in connection with your use of the Services. You may not access, use, export, re-export, transfer, or otherwise make the Services available in violation of such laws or regulations.

Electronic Communications. You consent to receive agreements, notices, disclosures, and other communications from CreativAI electronically, including by email or through the Services. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

Independent Contractors. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, fiduciary, franchise, or employment relationship between you and CreativAI, and neither party has authority to bind the other except as expressly agreed in writing.

Order of Precedence. In the event of a conflict among agreements governing the Services, the following order of precedence applies unless expressly stated otherwise in writing: (1) an applicable Data Processing Addendum; (2) an applicable order form or other written agreement executed by the parties; (3) these Terms; and (4) incorporated policies.

Entire Agreement. These Terms, together with applicable order forms, Data Processing Addenda, and incorporated policies, constitute the entire agreement between you and CreativAI concerning the Services, unless superseded by a separate written agreement executed by the parties.

23. Contact

Questions about these Terms may be sent to:

• Email: contact@creativ-ai.com
• Mailing address: 4615 Armour Drive, Santa Clara, CA, 95054