Introduction 

These Terms of Use (“Terms”) govern your access to and use of the services provided by Creativate Technologies GmbH (“Creativate,” “we,” “us,” or “our”), including but not limited to cPlan, cRun, cNode, and any other platforms, applications, websites, or features made available by us (collectively, the “Services”).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, you must immediately discontinue your use of the Services.

These Terms form a legally binding agreement between you and Creativate. If you are using the Services on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, “you” and “your” will refer to both you as an individual user and the entity you represent.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, process, and protect personal data in compliance with applicable laws, including the General Data Protection Regulation (GDPR) and the EU Artificial Intelligence Act (AI Act).

Creativate may update these Terms from time to time to reflect changes in applicable laws, regulations, or our Services. We will provide notice of material changes in accordance with Section 36 (“Changes to the Terms”).

Definitions

For the purposes of these Terms of Use, the following definitions shall apply:

• “Account” means the user account created to access and use the Services.

• “Administered Account” means an Account created with an email address associated with an organization, employer, or other entity, where such entity may exercise certain administrative rights over the Account.

• “AI Outputs” means any text, analysis, recommendations, or other results generated by the artificial intelligence functionalities of the Services.

• “Business Content” means any business plans, strategic documents, data, financial projections, or other business-related information uploaded, generated, or shared through the Services.

• “Confidential Information” means non-public information disclosed or created within the Services, including Business Content, that is reasonably understood to be confidential.

• “Contribution” means any suggestions, feedback, ideas, reviews, or recommendations provided by Users to Creativate in connection with the Services.

• “Creativate Content” means all materials, tools, software, AI models, algorithms, templates, designs, documentation, training materials, and other intellectual property made available by Creativate through the Services.

• “Enterprise Plan” means a subscription tier offered by Creativate that provides advanced functionalities, service-level commitments, and may include Tokenized Participation Rights.

• “Force Majeure Event” means any event beyond Creativate’s reasonable control, including acts of God, natural disasters, epidemics, wars, strikes, power outages, internet failures, or governmental actions.

• “Privacy Policy” means the Creativate Privacy Policy, as updated from time to time, which governs the collection, use, and protection of personal data.

• “Services” means the products, platforms, applications, features, and related services provided by Creativate, including but not limited to cPlan, cRun, and cNode.

• “Third-Party Services” means any external platforms, tools, APIs, or service providers integrated with or used in connection with the Services, including but not limited to OpenAI, Google Analytics, Hetzner Cloud, Framer, Vercel, Directus, and HubSpot.

• “Tokenized Participation Rights” means digital rights offered as part of certain subscription plans, which grant specific participation or usage benefits within the Services but do not represent securities, equity, or financial instruments.

• “User Content” means any content, data, or material provided, uploaded, or otherwise made available by you through the Services, including Business Content.

• “You” or “User” means any individual or legal entity accessing or using the Services under these Terms.

Company Information

The Services are provided by:

Creativate Technologies GmbH

Agnes-Pockels-Bogen 1
80992 Munich, Germany

Email: contact@creativate.tech

Creativate Technologies GmbH is represented by its Managing Director, Leonardo Bornhäußer.

Scope of Services

Creativate provides digital business solutions designed to simplify and accelerate the journey from idea to market. The Services include, but are not limited to, the following:

• cPlan: A business planning tool powered by artificial intelligence that assists users in structuring ideas, drafting business plans, generating financial projections, and developing strategic roadmaps.

• cRun: An execution and operations tool that supports the implementation of business strategies, project management, and operational tracking to help organizations execute their plans effectively.

• cNode: A collaborative and governance framework that enables decentralized participation, coordination, and digital interaction within business ecosystems.

The Services may also include access to tokenized participation rights, which grant specific digital usage or participation benefits within the platform. These rights do not represent securities, equity, or financial instruments.

Creativate may expand, update, or discontinue certain features or modules of the Services from time to time. Unless expressly stated otherwise, such changes shall not affect your existing rights and obligations under these Terms.

Limitations of Services

• The Services are designed to assist users in planning, strategy, and execution, but do not constitute legal, financial, investment, or professional advice.

• AI Outputs generated by the Services are based on available data and models and should be reviewed and validated by the User before reliance or implementation.

• Creativate does not guarantee that use of the Services will secure funding, ensure profitability, or achieve any specific business outcome.

• The Services are provided for professional and business purposes only. Consumers should ensure that their use of the Services complies with applicable consumer protection laws.

User Eligibility and Representations

Eligibility
You may use the Services only if you:

• are at least eighteen (18) years of age, or have reached the minimum legal age of majority in your jurisdiction;

• have the legal capacity to enter into a binding agreement; and

• comply with all applicable laws and regulations governing your use of the Services.

If you are a minor in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf.

Use on Behalf of an Entity

If you use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, “you” and “your” shall refer to both you as an individual user and the entity you represent.

Accuracy of Information

You represent and warrant that the information you provide to Creativate when creating or managing an Account is accurate, current, and complete, and you agree to maintain and promptly update such information as necessary.

Compliance with Laws

You represent and warrant that your use of the Services does not and will not violate any applicable laws, regulations, or third-party rights, including but not limited to data protection laws (GDPR), AI governance requirements (AI Act), financial regulations, and intellectual property rights.

Prohibited Users

You may not use the Services if you are:

• located in a jurisdiction subject to sanctions, embargoes, or restrictions under applicable export control or trade laws; or

• an individual or entity barred from receiving services under the laws of the European Union, Germany, or any other relevant jurisdiction.

No Use by Competitors

You represent and warrant that you are not accessing or using the Services for the purpose of developing, marketing, or benchmarking a competitive product or service. Any such unauthorized use constitutes a material breach of these Terms.

General Representations

By using the Services, you further represent and warrant that you will not:

• impersonate any person or entity, or misrepresent your affiliation with any person or entity;

• use automated scripts, bots, or other unauthorized means to access the Services;

• upload, share, or distribute harmful content, including viruses, malware, or malicious code.

Account Registration and Security

Account Creation

To access certain features of the Services, you may be required to create an Account. When creating an Account, you must provide accurate, current, and complete information, and you agree to update such information as necessary to maintain its accuracy.

Username Policy

Creativate reserves the right to refuse, reclaim, or change any username if it is deemed inappropriate, misleading, offensive, or infringing upon third-party rights.

Credentials and Confidentiality

You are solely responsible for maintaining the confidentiality of your login credentials, including your username, password, and any other security information associated with your Account. You must not share your credentials with any third party or allow others to use your Account.

Responsibility for Account Activity

You are responsible for all activities that occur under your Account, whether or not authorized by you. Creativate shall not be liable for any loss or damage resulting from unauthorized use of your Account.

Account Transferability

Your Account is personal and non-transferable. Any attempt to sell, lease, sublicense, or otherwise transfer an Account without Creativate’s prior written consent is strictly prohibited, except as expressly provided in Section 7 (Administered Accounts and Teams).

Multiple Accounts

Unless explicitly authorized by Creativate, you may not create, operate, or maintain multiple Accounts for the same individual or entity, nor impersonate another user or entity.

Inactive Accounts

Creativate reserves the right to suspend or delete Accounts that have been inactive for a prolonged period (e.g., twelve (12) months or more), after providing reasonable prior notice to the registered email address.

Verification and KYC

Creativate may, at its sole discretion, request additional information to verify your identity or eligibility, including documentation required for compliance with applicable laws on anti-money laundering (AML), know-your-customer (KYC), sanctions regulations, or tokenized participation rights. Failure to provide such information may result in suspension or termination of your Account.

Security Obligations

You agree to:

• immediately notify Creativate of any unauthorized access to or use of your Account, or any suspected breach of security;

• ensure that you exit or log out of your Account at the end of each session;

• implement reasonable measures (such as using strong passwords and enabling multi-factor authentication, if available) to protect your Account.

Shared Devices and Networks

If you access your Account from a shared device, public computer, or corporate IT environment, you remain responsible for ensuring that your session is properly secured and terminated to prevent unauthorized access.

Recovery of Account Access

If you lose access to your Account, Creativate may provide recovery options (such as password reset or verification procedures). You acknowledge that Creativate cannot guarantee the restoration of data or content lost due to your failure to maintain accurate account recovery information.

Suspension or Termination

Creativate reserves the right to suspend or terminate your Account at any time, with or without notice, if it reasonably suspects that you have:

• provided false, inaccurate, or incomplete information;

• breached these Terms or applicable law; or

• engaged in activity that may compromise the security, integrity, or lawful use of the Services.

Administered Accounts and Teams

Administered Account

If you register or access an Account using an email address provided by an organization, employer, educational institution, or other entity (an “Admin Entity”), that Admin Entity may exercise certain rights over the Account. These rights may include the ability to:

• manage or reset login credentials;

• access, review, export, or delete Business Content associated with the Account;

• suspend, transfer, or terminate the Account; and

• assign administrative rights to other users within the organization.

By using an Administered Account, you acknowledge and agree that:

• the Admin Entity, and not the individual user, owns and controls the Business Content and activity associated with the Account;

• if you leave the Admin Entity (e.g., by terminating employment or affiliation), your access to the Account may be suspended or transferred to another authorized user designated by the Admin Entity;

• Creativate may provide the Admin Entity with access to your Account information in order to ensure compliance with organizational policies.

Teams
The Services may allow you to create or join a “Team” to collaborate with other Users. Team administrators have the ability to manage members, assign roles, and control access to shared Business Content.

By joining a Team, you acknowledge and agree that:

• Business Content shared within a Team may be visible to all members, subject to the permissions set by the administrator;

• Creativate does not mediate disputes between Team members or administrators and bears no responsibility for internal management decisions;

• each User remains solely responsible for the accuracy, legality, and confidentiality of the content they contribute within a Team;

• shared content is protected by Creativate’s technical and organizational security measures, but the ultimate responsibility for confidentiality and lawful sharing rests with the User and/or the Admin Entity.

Community Conduct

All Users of Administered Accounts and Teams must adhere to professional and respectful conduct. Harassment, discriminatory behavior, offensive content, or misuse of collaborative features is strictly prohibited.

Responsibility of the Admin Entity

Admin Entities are responsible for ensuring that all Accounts and Teams under their administration comply with these Terms. Creativate may hold the Admin Entity jointly liable for violations committed by its members.

Purchases, Billing and Tokenized Participation Rights

Purchases and Subscriptions

Certain features of the Services are provided on a paid subscription basis. Fees, billing cycles, and payment terms will be disclosed at the time of purchase. All payments are due in the currency specified during checkout and must be made through the approved payment methods offered by Creativate.

Billing and Renewal

By purchasing a subscription, you authorize Creativate to charge your chosen payment method on a recurring basis (monthly, annual, or otherwise, as selected by you) until you cancel your subscription. Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle at the then-current rate.

Cancellations and Refunds

You may cancel your subscription at any time in accordance with Section 12 (Cancellation and Termination). Unless otherwise required by applicable consumer law, subscription fees already paid are non-refundable.

Tokenized Participation Rights

Certain subscription tiers, including but not limited to the Enterprise Plan, may grant you Tokenized Participation Rights. These are digital rights designed to enable specific participation, governance, or usage benefits within the Services. You acknowledge and agree that:

• Tokenized Participation Rights do not constitute securities, equity, debt, or financial instruments of any kind.

• Such rights cannot be traded, resold, or otherwise transferred, unless expressly permitted by Creativate.

• Tokenized Participation Rights are limited to functionalities within the Services and have no intrinsic or monetary value outside of Creativate’s ecosystem.

• Creativate reserves the right to modify or discontinue any Tokenized Participation Rights features, provided that existing users are not deprived of their core subscription benefits.

Taxes
All subscription fees are exclusive of applicable taxes, levies, or duties imposed by governmental authorities. You are responsible for the payment of such taxes associated with your subscription, except for taxes based on Creativate’s income.

Errors and Adjustments

Creativate reserves the right to correct any errors in billing or pricing, even if payment has already been requested or received. If a billing error occurs, we will promptly notify you and provide the option to continue or cancel the subscription.

Free Trials and Promotional Offers

From time to time, Creativate may offer free trials, promotional discounts, or other special offers for new or existing Users. The specific terms of such offers (including duration, eligibility, and scope of access) will be communicated at the time of the offer.

• At the end of a free trial period, unless cancelled, your subscription will automatically convert into a paid plan at the applicable rate.

• Creativate reserves the right to withdraw, modify, or terminate any promotional offer at its sole discretion.

• Free trials and promotional offers are provided once per User or organization, unless expressly permitted otherwise by Creativate.

Use of Tokens and Digital Assets

Nature of Tokenized Participation Rights

Certain subscription plans, including but not limited to the Enterprise Plan, may grant you Tokenized Participation Rights (“Tokens”). Tokens are digital rights designed to enable specific functionalities, participation, or governance features within the Creativate ecosystem. They are not securities, equity, or debt instruments and do not represent ownership in Creativate Technologies GmbH or any affiliated entity.

Non-Transferability and Restrictions

Unless expressly authorized in writing by Creativate, Tokens are:

• non-transferable, non-assignable, and non-tradeable;

• not redeemable for cash or any monetary equivalent;

• limited to use within the Services and have no intrinsic value outside the Creativate ecosystem.
  Tokens may not be used for speculation, arbitrage, or any secondary market activity.

Usage within the Services

Tokens may grant you access to specific features, enhanced rights, or participation in governance mechanisms provided through the Services, including but not limited to:

• access to exclusive functionalities or modules;

• participation in collaborative or governance frameworks (e.g., cNode);

• allocation of digital participation rights for Enterprise-level Users.
  Tokens do not grant you any rights in Creativate’s intellectual property, trademarks, or logos.

Expiration, Revocation, and Modification

Creativate reserves the right to:

• set expiration dates or usage limitations on Tokens;

• revoke, suspend, or cancel Tokens in cases of fraud, misuse, or violation of these Terms;

• modify, suspend, or discontinue Token functionalities at any time;

• substitute Tokens with equivalent rights if features are updated, provided that Users are not deprived of their core subscription benefits. Creativate makes no guarantee of the continued availability of any Token program.

Compliance and Verification

The issuance and use of Tokens may be subject to applicable AML, KYC, and sanctions regulations. Creativate may request proof of identity or other information before granting or enabling Tokenized Participation Rights. Failure to comply may result in suspension or termination of such rights. Users are solely responsible for ensuring that their use of Tokens complies with all applicable local laws and regulations.

Disclaimer
Tokens are provided for participation and usage purposes only. They do not guarantee financial returns, voting rights in the corporate governance of Creativate, or any entitlement beyond the functionalities expressly provided within the Services.

Trial, Beta and Free Plans

Free Trials

Creativate may offer free trials for certain subscription plans or features. The duration and scope of any free trial will be specified at the time of activation. Unless you cancel before the end of the trial period, your subscription will automatically convert to a paid plan at the applicable rate. Free trials are limited to one per User or organization, unless expressly authorized by Creativate.

Beta Features

From time to time, Creativate may provide access to experimental, beta, or pre-release features (“Beta Features”). By using Beta Features, you acknowledge and agree that:

• Beta Features are provided “as is” without warranties of any kind;

• they may contain errors, bugs, or other issues that could affect functionality or performance;

• Creativate may modify, restrict, or discontinue Beta Features at any time without notice;

• Creativate is not liable for any loss, damage, or disruption arising from the use of Beta Features.

Free Plans

Creativate may offer certain Services under a free plan (“Free Plan”) with limited features or usage rights. Free Plans are subject to the same Terms as paid subscriptions, except that Creativate reserves the right to:

• impose limitations on storage, processing, or features;

• restrict support or service levels;

• modify, restrict, or discontinue Free Plans at any time, with or without notice.

Promotional Offers

Creativate may provide promotional discounts, extended trial periods, or other special offers from time to time. The specific terms of such offers, including eligibility criteria, duration, and conditions, will be disclosed at the time of the offer. Creativate reserves the right to withdraw or modify such offers at its sole discretion.

No Guarantee of Continuity

Free Trials, Beta Features, Free Plans, and Promotional Offers are made available at Creativate’s discretion. Creativate does not guarantee the continued availability of any such offers or features, and may terminate or change them at any time. Users should not rely on Free, Trial, or Beta access for business-critical functions.

Enterprise Plans and Service Level Agreements (SLA)

Enterprise Plans
Creativate offers Enterprise subscription plans designed for organizations requiring advanced features, enhanced support, and governance capabilities. Enterprise Plans may include, without limitation:

• access to premium or custom modules;

• increased usage limits and storage capacity;

• dedicated account management;

• integration with third-party enterprise systems;

• tailored onboarding, consultation, or training services.

Service Level Agreements (SLA)

Enterprise Plans may be subject to a separate Service Level Agreement. Unless expressly agreed otherwise in writing, Creativate will make reasonable efforts to ensure the Services are available at least 99% of the time in a given calendar month, excluding:

• scheduled maintenance with prior notice;

• emergency maintenance required to preserve the security, stability, or integrity of the Services;

• downtime or interruptions caused by third-party services or force majeure events.

Remedies for SLA Breach

If Creativate fails to meet the SLA availability commitment, Enterprise subscribers may be eligible for service credits. The amount, conditions, and procedures for claiming such credits will be specified in the applicable SLA or custom agreement. Service credits are the sole and exclusive remedy for SLA breaches and cannot be exchanged for cash or other compensation.

Support Services

Enterprise subscribers may benefit from priority support, including shorter response times, dedicated support channels, and, where applicable, escalation procedures. The specific support commitments will be defined in the applicable SLA or contract.

Custom Agreements

Enterprise Plans may be governed by separate written agreements negotiated between Creativate and the subscribing entity. In case of conflict between these Terms and a separately executed agreement, the latter shall prevail with respect to the Enterprise Plan.

Limitations

Creativate’s SLA commitments apply only to Enterprise Plan subscribers in good standing. They do not extend to Free Plans, Trials, Beta Features, or promotional offers.

Cancellation and Termination

User Cancellation

You may cancel your subscription at any time through your Account settings or by contacting Creativate’s support team. Cancellation will take effect at the end of the current billing cycle, and you will continue to have access to the Services until that time. Unless otherwise required by applicable law, subscription fees already paid are non-refundable.

Termination by Creativate (for Cause)

Creativate may suspend or terminate your Account if it reasonably determines that you have:

• breached these Terms or any applicable law;

• engaged in fraudulent, abusive, or harmful activity;

• failed to pay subscription fees when due;

• used the Services in a manner that may harm Creativate, its Users, or third parties.

In cases of serious breach, including but not limited to fraud, security violations, or unlawful conduct, termination may take immediate effect without prior notice.

Termination by Creativate (for Convenience)

Creativate may terminate your subscription or access to the Services for any reason, upon providing at least thirty (30) days’ prior written notice to the email address associated with your Account. In such case, if you have prepaid subscription fees beyond the termination date, Creativate will provide a pro-rata refund for the unused portion of the subscription.

Effect of Termination

Upon termination or cancellation of your Account:

• your right to access and use the Services will immediately cease;

• any Tokenized Participation Rights associated with your Account will automatically expire;

• all outstanding fees or charges owed by you to Creativate shall become immediately due and payable;

• Creativate may, but is not obligated to, retain or delete Business Content associated with your Account, subject to applicable law and Section 25 (Data Retention and Export of Business Content).

No Access or Liability After Termination

Once your Account has been terminated, you may lose access to any data, content, or configurations stored in the Services. It is your responsibility to export or back up your Business Content before cancellation or termination. Creativate shall not be liable for the deletion, loss, or failure to store any content after termination.

Ban on Re-Registration

If your Account has been terminated for cause, you are prohibited from creating a new Account without the prior written consent of Creativate. Any attempt to circumvent termination by re-registering will be considered a material breach of these Terms.

Survival of Provisions

Certain provisions of these Terms, including but not limited to Intellectual Property, Confidentiality, Indemnification, Limitation of Liability, Governing Law, and Dispute Resolution, shall survive termination.

Intellectual Property

Ownership of Services

All rights, title, and interest in and to the Services, including but not limited to the software, source code, AI models, algorithms, templates, designs, graphics, user interfaces, documentation, and any other materials provided by Creativate (“Creativate Content”), are and shall remain the exclusive property of Creativate Technologies GmbH or its licensors. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, sublicense, or otherwise exploit the Services or Creativate Content.

License to Users

Subject to your compliance with these Terms, Creativate grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes. This license does not grant you any ownership rights in the Services or Creativate Content.

User Content

You retain all rights to the User Content you create, upload, or share through the Services, including Business Content, subject to the confidentiality obligations described in Section 14 (User-Generated Content and Confidentiality of Business Plans). By using the Services, you grant Creativate a worldwide, non-exclusive, royalty-free license to host, process, display, and use your User Content solely for the purpose of providing and improving the Services.

Feedback and Suggestions

If you provide Creativate with any feedback, comments, or suggestions for improvements (“Feedback”), you acknowledge and agree that:

• Creativate may freely use, disclose, and incorporate such Feedback into its Services without restriction or obligation to you;

• Feedback is provided voluntarily and without expectation of compensation.

Intellectual Property of Tokens

Tokenized Participation Rights, as described in Section 9, do not grant you any rights in Creativate’s trademarks, logos, brand identity, software, or intellectual property.

Copyright Infringement Claims

Creativate respects the intellectual property rights of others and expects Users to do the same. If you believe that any content available on the Services infringes your copyright or the copyright of a third party you represent, you may submit a written notification to Creativate at contact@creativate.tech containing the following information:

• identification of the copyrighted work claimed to have been infringed;

• identification of the allegedly infringing material, including its location within the Services;

• your contact details (name, address, email, telephone);

• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner;

• your physical or electronic signature.

Upon receipt of a valid notification, Creativate may remove or restrict access to the allegedly infringing material and may take further action as required by law. Repeated infringement may result in suspension or termination of the User’s Account.

Reservation of Rights

Except for the limited license expressly granted herein, no rights or licenses are granted to you by implication, estoppel, or otherwise. All rights not expressly granted to you under these Terms are reserved by Creativate and its licensors.

User-Generated Content and Confidentiality of Business Plans

Ownership of User Content
You retain full ownership of the content you create, upload, or share through the Services, including but not limited to business plans, financial data, strategic documents, and related materials (“Business Content”). Creativate does not claim ownership of your Business Content.

Confidentiality Commitment
Creativate recognizes that Business Content may contain sensitive and confidential information. Accordingly, Creativate commits to:

• treating your Business Content as confidential and not disclosing it to third parties without your prior consent, except as necessary to provide the Services or as required by law;

• implementing technical and organizational security measures to protect your Business Content against unauthorized access, disclosure, or alteration;

• limiting access to Business Content strictly to authorized Creativate personnel who need such access to operate, maintain, or improve the Services and who are bound by confidentiality obligations.

Use of User Content
By using the Services, you grant Creativate a limited, non-exclusive, worldwide, royalty-free license to host, process, and use your Business Content solely for the purpose of providing and improving the Services. This license does not authorize Creativate to sell, publicly disclose, or otherwise exploit your Business Content outside the scope of the Services.

De-Identified and Aggregated Data
Creativate may use de-identified and aggregated data derived from Business Content for analytics, research, and service improvement, provided that such data cannot reasonably be used to identify you or your business.

Sharing and Collaboration Features
If you choose to use sharing or collaboration features (such as Teams or cNode), your Business Content may become accessible to other Users you invite or authorize. Creativate is not responsible for any disclosure or misuse of Business Content once shared by you with third parties.

Responsibility for User Content
You are solely responsible for ensuring that your Business Content:

• complies with applicable laws and regulations, including data protection and intellectual property laws;

• does not infringe the rights of third parties;

• is accurate, lawful, and appropriate for sharing through the Services.

No Public Disclosure by Creativate
Creativate will not publicly disclose or publish your Business Content without your express prior written consent.

Sharing Features and Collaboration Tools

Collaboration Features

The Services may include features that allow you to share Business Content with other Users, join Teams, or collaborate within decentralized environments such as cNode. By using these features, you acknowledge that Business Content shared with others may become accessible to them according to the permissions you grant.

User Responsibility

You remain solely responsible for:

• the accuracy, legality, and confidentiality of any Business Content you choose to share;

• setting appropriate permissions and access rights for other Users;

• ensuring that sharing does not violate applicable laws, third-party rights, or confidentiality obligations.

Team Administration

Team administrators may invite, manage, and remove members, assign roles, and control access to shared Business Content. Creativate is not responsible for disputes or conflicts between Team members or administrators.

Security and Confidentiality

Creativate applies technical and organizational measures to protect shared Business Content, but once you share content with others, Creativate cannot control how those Users use, disclose, or protect it. You are encouraged to exercise caution when sharing sensitive or confidential information.

No Public Disclosure by Default

Sharing features are designed for controlled collaboration. Unless you explicitly publish or share content externally, Business Content will not be made public by Creativate.

Misuse of Sharing Tools

You must not use collaboration features to:

• distribute unlawful, harmful, or offensive material;

• harass, abuse, or discriminate against other Users;

• attempt to gain unauthorized access to the content or accounts of others.

Creativate reserves the right to suspend or restrict access to sharing features if misuse is detected.

Community Guidelines and Reviews

Respectful Conduct

You agree to use the Services in a professional, respectful, and lawful manner. You must not harass, threaten, abuse, discriminate against, or otherwise cause harm to other Users or third parties in connection with the Services.

Content Standards

When posting reviews, feedback, or participating in community or collaboration features, you must ensure that your contributions:

• are accurate, fair, and made in good faith;

• do not include offensive, obscene, defamatory, or discriminatory content;

• do not infringe the intellectual property, privacy, or other rights of third parties;

• comply with all applicable laws and regulations.

Prohibited Behavior

You must not use community or collaboration features to:

• disseminate spam, unsolicited promotions, or commercial solicitations;

• impersonate another person or misrepresent your affiliation;

• distribute malware, viruses, or harmful code;

• engage in fraudulent, misleading, or manipulative practices.

Moderation and Removal

Creativate reserves the right, but not the obligation, to moderate, remove, or restrict access to any content or activity that violates these guidelines or is otherwise harmful to the Services or its Users.

Responsibility for Contributions

You are solely responsible for the content of your contributions, including reviews and feedback. Creativate does not endorse or verify User contributions and is not liable for their accuracy or reliability.

Repeat Violations

Users who repeatedly violate these guidelines may have their Accounts suspended or terminated in accordance with Section 12 (Cancellation and Termination).

Contribution License and User Feedback

User Contributions

From time to time, you may provide Creativate with feedback, suggestions, ideas, recommendations, comments, reviews, or other contributions related to the Services (“Contributions”).

License Grant

By submitting Contributions, you grant Creativate a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully transferable and sublicensable license to:

• use, reproduce, modify, adapt, publish, translate, distribute, and display such Contributions;

• incorporate Contributions into existing or future products, services, or features;

• create derivative works from Contributions for the purpose of improving the Services and training AI models.

No Compensation and No Obligation

You acknowledge and agree that Contributions are provided voluntarily and without expectation of compensation, recognition, or attribution. Creativate is under no obligation to use, publish, or respond to any Contribution.

Waiver of Claims and Moral Rights

To the maximum extent permitted by law, you waive any claims, demands, or rights against Creativate arising from its use of your Contributions. You also waive, and agree not to assert, any moral rights (or similar rights in jurisdictions where moral rights cannot be waived) in relation to your Contributions.

Confidentiality of Contributions

Unless expressly agreed otherwise in writing, Contributions are not considered confidential information. You must not submit Contributions that include confidential or proprietary information belonging to you or any third party.

Public Feedback

If you post reviews, testimonials, or other feedback in a public forum or community feature of the Services, Creativate may use, reproduce, and display such content for promotional, marketing, or reference purposes, unless you expressly notify Creativate in writing that you object to such use.

Responsibility for Contributions

You represent and warrant that:

• you own or have the necessary rights to provide the Contributions;

• your Contributions do not infringe third-party intellectual property or other rights;

• your Contributions comply with these Terms and all applicable laws.

Prohibited Uses

You agree not to use the Services, directly or indirectly, for any unlawful, harmful, or unauthorized purpose. Without limitation, you must not:

Illegal and Fraudulent Activities

• use the Services in violation of any applicable law or regulation;

• engage in fraud, money laundering, terrorist financing, phishing, or other criminal activity;

• promote or disseminate illegal, defamatory, obscene, pornographic, discriminatory, or otherwise offensive content;

• harass, abuse, threaten, or discriminate against other Users or third parties.

Intellectual Property Violations

• upload, share, or distribute content that infringes or misappropriates the intellectual property rights or other rights of third parties;

• attempt to copy, decompile, reverse-engineer, or otherwise derive the source code, models, algorithms, or underlying ideas of the Services or AI functionalities;

• use the Services to build, train, or improve a competing product or service.

Security Violations

• attempt to gain unauthorized access to any system, network, account, or data;

• circumvent or interfere with security features, authentication mechanisms, or encryption technologies;

• distribute malware, viruses, worms, or any harmful code;

• overload, disrupt, or impair the performance of the Services (including denial-of-service attacks or automated traffic).

Unauthorized Commercial Use

• resell, rent, sublicense, or provide the Services to third parties without Creativate’s prior written consent;

• use the Services to operate as a service bureau or provide outsourcing, consulting, or other services based on unauthorized use of the platform.

Automated and Misuse of Access

• use bots, scrapers, crawlers, or other automated tools to access, extract, or collect data from the Services without authorization;

• manipulate or interfere with the normal operation of the Services, including through automated scripts.

Misuse of Tokens

• use Tokenized Participation Rights for speculation, arbitrage, unauthorized transfers, or secondary market trading;

• use Tokens in violation of applicable sanctions, AML, or KYC regulations.

Cooperation with Authorities

Creativate reserves the right to investigate and prosecute violations of this section to the fullest extent of the law. Creativate may cooperate with law enforcement and regulatory authorities by disclosing information about suspected illegal activities, subject to applicable laws.

Violating these restrictions may result in suspension or termination of your Account in accordance with Section 12 (Cancellation and Termination).

Ethical Use of Services (Anti-Discrimination, Responsible AI)

Commitment to Ethical Use

Creativate is committed to ensuring that its Services are used in a fair, inclusive, responsible, and sustainable manner. By using the Services, you agree to uphold high ethical standards in your interactions with the platform, other Users, and third parties.

Anti-Discrimination

You must not use the Services to:

• generate, promote, or disseminate content that discriminates on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;

• create or deploy AI-driven outputs that reinforce harmful stereotypes, biases, or discriminatory practices.

Human Oversight and Responsibility

AI Outputs generated by the Services are designed to support, not replace, human decision-making. Users must ensure that:

• any decision assisted by AI Outputs is subject to appropriate human review, oversight, and contestability;

• ultimate responsibility for decisions, actions, and outcomes based on AI Outputs rests with the User.

Transparency and Explainability

Creativate will provide transparency regarding the role and limitations of AI functionalities within the Services. Where feasible, we will make reasonable efforts to offer explanations or insights into how AI Outputs are generated, including information about potential risks of bias or inaccuracies.

Responsible and Safe Use

You agree to:

• apply AI Outputs responsibly and critically, recognizing their assistive nature;

• avoid using AI Outputs to deceive, misinform, or manipulate individuals or organizations;

• refrain from deploying AI Outputs in high-risk contexts (such as medical, legal, or financial decision-making) without proper human oversight;

• not use AI Outputs in ways that could cause harm to individuals, society, or the environment.

Sustainability

Creativate strives to design and operate its Services with consideration for sustainability and energy efficiency. Users are encouraged to apply AI functionalities in ways that promote positive social and environmental impact.

Enforcement

Violations of this section may result in suspension or termination of your Account, as provided in Section 12 (Cancellation and Termination).

AI-Specific Provisions

Nature of AI Outputs

The Services incorporate artificial intelligence technologies to generate text, insights, and recommendations (“AI Outputs”). AI Outputs are provided for assistive purposes only and do not constitute legal, financial, medical, or professional advice. Users remain fully responsible for verifying, validating, and deciding how to use AI Outputs.

Classification and Compliance

Creativate designs its Services in accordance with the requirements of the EU Artificial Intelligence Act (AI Act) and applicable international guidelines. This includes:

• identifying AI systems used within the Services and their level of risk classification;

• applying appropriate safeguards, including human oversight, transparency, and documentation;

• ensuring that Users can contest and review decisions based on AI Outputs when required by law.

Transparency Obligations

Creativate will provide Users with clear information regarding:

• when they are interacting with an AI system rather than a human;

• the general logic, capabilities, and limitations of AI functionalities;

• the fact that AI Outputs may reflect inherent biases or inaccuracies depending on the data and models used.

Actors under the EU AI Act

For the purposes of compliance with the EU Artificial Intelligence Act (AI Act):

• Creativate as Provider: Creativate Technologies GmbH qualifies as a Provider, as it develops and places its AI systems (including cPlan, cRun, and cNode) on the market under its own name.

• Users as Deployers: Users of the Services qualify as Deployers, as they use AI systems in the course of their business activities.

• Importers: Where a User established outside the EU makes the Services available within the EU under its own name or trademark, such User may qualify as an Importer under the AI Act.

• Distributors: Any entity making Creativate’s AI systems available in the EU without altering their functionality qualifies as a Distributor.

Responsibilities of Creativate as Provider

As a Provider, Creativate undertakes to:

• ensure conformity of its AI systems with the AI Act before placing them on the market;

• maintain and update technical documentation and logs for its AI systems;

• apply risk management processes, testing, and monitoring to ensure safety, fairness, and robustness;

• provide transparency information and instructions for use to Deployers;

• implement post-market monitoring and incident reporting procedures.

Responsibilities of Users as Deployers

As Deployers, Users agree to:

• use AI Outputs in accordance with Creativate’s instructions and applicable law;

• ensure appropriate human oversight, review, and contestability of AI-assisted decisions;

• monitor and report any serious incidents or malfunctions related to AI functionalities to Creativate;

• comply with additional obligations under the AI Act when using High-Risk AI Systems (e.g., recruitment, credit scoring, biometric identification).

High-Risk AI Systems

If Creativate or its Users deploy functionalities that fall under the definition of High-Risk AI Systems as set out in the AI Act (such as AI used in recruitment, credit scoring, education, or biometric identification), additional obligations shall apply, including but not limited to:

• conducting conformity assessments and maintaining technical documentation;

• ensuring risk management processes and incident reporting mechanisms are in place;

• providing clear instructions for human oversight, accuracy, robustness, and cybersecurity;

• registering such High-Risk AI Systems in the EU database of AI systems, where applicable.
  Users deploying High-Risk AI Systems through the Services are responsible for ensuring compliance with these additional requirements.

Data for AI Training

Creativate may use de-identified and aggregated data to train, test, or improve its AI models, in compliance with applicable data protection laws and the Privacy Policy. Business Content will not be used for AI training without de-identification and aggregation, unless you provide explicit consent.

Limitations of Liability

Creativate disclaims any liability for damages or losses arising from reliance on AI Outputs, except where otherwise required by mandatory law.

AI Outputs and User Responsibility

Assistive Nature of AI Outputs

AI Outputs generated by the Services are intended to support Users in business planning, execution, and collaboration. They are provided for informational and assistive purposes only and must not be considered professional, legal, financial, or medical advice.

User Validation

You acknowledge and agree that:

• AI Outputs may contain inaccuracies, errors, or biases, and should be critically reviewed before use;

• you are solely responsible for verifying the accuracy, suitability, and legality of AI Outputs before relying on them;

• you must not rely exclusively on AI Outputs in regulated or high-risk contexts (such as healthcare, employment, credit scoring, or legal advice) without appropriate human oversight.

No Professional Advice

The Services do not provide legal, financial, investment, medical, or professional advice. Any decisions you make based on AI Outputs are made at your own risk.

User Responsibility for Deployment

As a Deployer under the EU AI Act, you are responsible for:

• ensuring that your use of AI Outputs complies with applicable law, industry regulations, and ethical standards;

• applying human oversight and contestability mechanisms where required;

• ensuring that AI Outputs are not used in ways that could cause harm to individuals, organizations, or society.

Traceability and Logging

To support compliance, transparency, and contestability under the AI Act, Creativate maintains logs of AI system activities, including:

• records of inputs, outputs, and key parameters of AI functionalities;

• system events related to the generation of AI Outputs;

• metadata necessary to identify when and how an AI Output was generated.
  These logs are maintained in accordance with applicable laws and Creativate’s Privacy Policy. Users may request access to relevant logs in order to exercise their rights or to meet their own compliance obligations.

Prohibited Uses of AI Outputs

You must not use AI Outputs to:

• misinform, deceive, manipulate, or impersonate individuals or entities;

• generate or disseminate discriminatory, offensive, or harmful content;

• create automated decisions with legal or significant effects on individuals without proper legal basis and oversight.

Liability Disclaimer

Creativate disclaims any liability for damages or losses arising from reliance on AI Outputs, except where otherwise required by mandatory law. Users accept full responsibility for outcomes derived from their use of AI Outputs.

Privacy and Data Protection (Reference to Privacy Policy & Data Processing Addendum)

Applicability of the Privacy Policy

Your use of the Services is also governed by the Creativate Privacy Policy, which explains how we collect, process, and protect personal data in compliance with the General Data Protection Regulation (GDPR), the EU Artificial Intelligence Act (AI Act), and other applicable data protection laws. The Privacy Policy forms an integral part of these Terms.

Data Controller and Processor Roles

• For most processing activities, Creativate acts as an independent Data Controller, determining the purposes and means of processing personal data in connection with the Services.

• In certain cases (e.g., enterprise customers using Creativate to process personal data of their employees, clients, or other third parties), Creativate may act as a Data Processor on behalf of the customer. In such cases, the relationship shall be governed by a separate Data Processing Agreement (DPA) in accordance with Article 28 GDPR.

User Responsibilities

As a User, you represent and warrant that:

• you have a lawful basis for processing any personal data you upload, input, or share through the Services;

• you will comply with all applicable data protection laws, including obligations as a Data Controller when using Creativate as a Processor;

• you will not use the Services to unlawfully collect, process, or share personal data.

International Data Transfers

The Services may involve the transfer of personal data outside the European Economic Area (EEA). Such transfers are carried out in accordance with applicable data protection laws, using safeguards such as Standard Contractual Clauses (SCCs). Details are provided in the Privacy Policy.

Security Measures
Creativate implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, or disclosure, as described in the Privacy Policy.

Data Subject Rights

Users and data subjects have the rights set out in the Privacy Policy, including rights of access, rectification, erasure, restriction, portability, and objection, as well as the right to withdraw consent and to lodge complaints with a supervisory authority.

Cookies and Tracking

Use of cookies and similar technologies is governed by the Creativate Cookie Policy, available separately from these Terms. By using the Services, you consent to such use, subject to your rights to manage or withdraw consent as described in that policy.

Integration with Enterprise Agreements

For Enterprise Plan customers, the Privacy Policy and any applicable DPA shall govern data protection obligations. In case of conflict, the DPA shall prevail with respect to processing activities covered by that agreement.

Third-Party Services and Integrations

Use of Third-Party Services

The Services may integrate with or rely on third-party platforms, tools, or service providers, including but not limited to OpenAI, HubSpot, Hetzner Cloud, Framer, Vercel, and Directus (collectively, “Third-Party Services”). These Third-Party Services are provided under their own terms and privacy policies. Creativate is not responsible for the availability, accuracy, or practices of Third-Party Services.

Data Processing by Third Parties

Certain Third-Party Services process data (including personal data) on behalf of Creativate in order to deliver core functionalities such as hosting, analytics, customer relationship management, and AI processing. Such processing is governed by contractual agreements ensuring compliance with applicable data protection laws. Details are provided in the Creativate Privacy Policy.

User Responsibility

When you choose to connect or interact with Third-Party Services (for example, linking your Creativate Account with a third-party tool or integration), you acknowledge that:

• your use of those services may be subject to the terms and conditions of the third-party provider;

• Creativate does not control and is not responsible for any third-party terms, actions, or omissions;

• you are solely responsible for reviewing and complying with applicable third-party terms and privacy policies.

Disclaimer of Liability

Creativate disclaims all liability for damages, losses, or disputes arising from your use of Third-Party Services, except where such liability cannot be excluded by law.

Changes and Discontinuation

Creativate reserves the right to modify, substitute, or discontinue integrations with any Third-Party Service at any time, without liability, provided that such changes do not deprive you of the core functionality of your subscription.

Open Source and Third-Party Licenses

Use of Open Source Components

The Services may include or incorporate components that are subject to open source licenses (“Open Source Components”). Such licenses may grant you rights to use, copy, modify, or distribute those components, subject to the terms and conditions of the applicable open source license.

License Terms

To the extent required by applicable open source licenses:

• the terms of those licenses will apply instead of these Terms with respect to your use of the Open Source Components;

• nothing in these Terms is intended to restrict, limit, or supersede your rights under any applicable open source license.

Third-Party Licenses

The Services may also include software, APIs, or other technology provided under commercial third-party licenses. Your use of such components may be subject to additional terms made available by the respective third-party provider.

Acknowledgments and Notices

A list of relevant open source and third-party licenses, acknowledgments, and notices may be provided within the Services or upon request. You agree to comply with any applicable license terms when using such components.

No Warranty for Open Source Components

Open Source Components are provided on an “as is” basis without warranties of any kind, except to the extent required by applicable law or the relevant license.

Data Retention and Export of Business Content

Retention of Business Content

Creativate retains Business Content associated with your Account for as long as your subscription is active or as necessary to provide the Services. Upon termination or cancellation of your Account, Creativate may retain Business Content for a limited period in accordance with applicable law and its internal data retention policies, unless you request earlier deletion.

Grace Period

After termination or cancellation of your Account, Creativate may retain your Business Content for a grace period of up to thirty (30) days, during which you may request access to export or recover your content. After this grace period, Creativate may permanently delete your Business Content, unless longer retention is required by law or agreed under an Enterprise Plan.

Export of Business Content

Before cancellation or termination of your Account, you are responsible for exporting or backing up your Business Content. Creativate may provide tools or interfaces that allow you to download or export such content in a structured, commonly used, and machine-readable format.

Deletion of Business Content

Following the grace period, Creativate may permanently delete your Business Content, subject to any legal obligations requiring retention. Creativate shall not be liable for the deletion, loss, or failure to store Business Content following termination, except where required by mandatory law.

Enterprise Plan Provisions

For Enterprise Plan customers, additional data retention or export commitments may be agreed upon in a separate written agreement or Data Processing Agreement (DPA). In case of conflict, the terms of such agreement shall prevail.

Aggregated and De-Identified Data

Creativate may continue to use de-identified and aggregated data derived from Business Content for analytics, research, or service improvement, provided such data cannot reasonably be used to identify you or your business.

Service Level and Support

General Availability

Creativate makes reasonable efforts to keep the Services available and operational. However, the Services are provided on an “as available” basis, and Creativate does not guarantee uninterrupted or error-free access, except as expressly stated in an Enterprise Service Level Agreement (SLA).

Standard Support

All Users have access to Creativate’s standard support resources, which may include:

• an online knowledge base or help center;

• community forums or user guides;

• email or ticket-based support during business hours.

Limitations of Standard Support

Unless otherwise specified in an Enterprise SLA, standard support does not include:

• guaranteed response times or resolution times;

• dedicated account management or personalized consulting;

• on-site training, configuration, or implementation services.

Exclusions

Creativate is not responsible for issues arising from:

• misuse or unauthorized modifications of the Services;

• incompatibility with third-party systems not officially supported;

• outages or failures of Third-Party Services (as defined in Section 23).

Right to Modify Support

Creativate reserves the right to modify, update, or discontinue standard support features at any time, provided that Users are not deprived of the essential ability to access and use the Services.

Service Availability and Modifications

General Availability

Creativate aims to provide reliable and continuous access to the Services. However, the Services are provided on an “as is” and “as available” basis. Creativate makes no warranty that the Services will be uninterrupted, error-free, or continuously available.

Scheduled Maintenance

Creativate may perform scheduled maintenance to maintain or improve the Services. Where feasible, Creativate will make reasonable efforts to schedule such maintenance outside of peak usage hours and provide prior notice to Users.

Emergency Maintenance

Creativate may perform emergency maintenance at any time, with or without prior notice, if necessary to preserve the security, integrity, or functionality of the Services.

Force Majeure and Third-Party Dependencies

Creativate shall not be liable for any unavailability or performance issues caused by circumstances beyond its reasonable control, including but not limited to natural disasters, power outages, internet or telecommunication failures, denial-of-service attacks, governmental actions, or failures of Third-Party Services and infrastructure providers.

Right to Modify or Discontinue Services

Creativate reserves the right to modify, enhance, suspend, or discontinue any part of the Services at any time for technical, legal, security, or business reasons. Such changes may include the introduction of new features, modifications of existing functionalities, or removal of obsolete services.

Material Changes

If Creativate makes changes that materially reduce the core functionality of the Services, Users will be provided with reasonable advance notice (at least thirty (30) days where practicable). In such cases, Users may have the right to cancel their subscription under Section 12 (Cancellation and Termination).

No Refunds or Compensation

Except as expressly provided in an applicable Enterprise SLA or required by mandatory law, Users are not entitled to refunds, credits, or compensation for any downtime, interruptions, modifications, or discontinuation of the Services.

Updates and Compatibility

Creativate may provide updates, patches, or modifications that may change the functionality, performance, or appearance of the Services. Creativate is not obligated to maintain backward compatibility with prior versions or features, unless otherwise agreed in writing under an Enterprise Plan.

User Acknowledgement

By using the Services, you acknowledge and agree that interruptions, modifications, and updates are inherent to the operation of cloud-based software services and do not constitute a breach of these Terms.

Corrections and Updates

Corrections of Errors

Creativate reserves the right to correct any errors, inaccuracies, or omissions in the Services, documentation, pricing, or communications at any time, with or without prior notice. Such corrections may apply retroactively and do not entitle Users to refunds, credits, or additional remedies, except where required by mandatory law.

Automatic Updates

The Services may automatically download and install updates, patches, bug fixes, or other modifications designed to improve performance, security, or functionality. By using the Services, you consent to receive such automatic updates without separate notice or consent.

Feature Enhancements

Creativate may, from time to time, introduce new features, enhancements, or improvements. Unless expressly stated otherwise, such enhancements are included within the scope of the Services covered by your subscription.

Discontinuation of Features

Creativate may modify or discontinue certain features, modules, or functionalities at its discretion if they become obsolete, redundant, impractical, or legally restricted. If a discontinuation materially impacts the core use of the Services, Users will be provided with reasonable advance notice, and may exercise their cancellation rights under Section 12 (Cancellation and Termination).

Backward Compatibility Disclaimer

Creativate does not warrant backward compatibility of the Services with prior versions, configurations, or integrations. Users are responsible for ensuring their own systems and processes remain compatible with updated versions of the Services.

Contractual Updates

Creativate may update these Terms, the Privacy Policy, the Cookie Policy, or other related policies to reflect changes in law, regulations, or business practices. Material updates will be communicated to Users in accordance with Section 36 (Changes to the Terms).

User Acknowledgement

By continuing to use the Services after corrections, updates, or modifications, you acknowledge and agree to such changes. Creativate shall not be liable for any impact on your business processes, integrations, or workflows resulting from such updates, except as expressly agreed in writing.

Advertisers and Sponsored Content

Sponsored Content

Creativate may display sponsored content, advertisements, or promotional messages (“Sponsored Content”) within the Services. All Sponsored Content will be clearly identified as such in accordance with applicable law, including the EU Digital Services Act (DSA).

No Endorsement

The display of Sponsored Content does not constitute an endorsement, recommendation, or guarantee by Creativate of the advertised products, services, or organizations.

User Responsibility

Any interactions, purchases, or transactions you engage in with third-party advertisers are solely between you and the advertiser. Creativate is not a party to, and disclaims any liability arising from, such dealings.

Data Use for Sponsored Content

Creativate does not sell, rent, or share personal data with advertisers. Sponsored Content may be targeted or measured based on aggregated, de-identified, or contextual information, in line with the Creativate Privacy Policy and applicable laws (including the GDPR and DSA).

Third-Party Links

Sponsored Content may contain links to third-party websites or services. Creativate is not responsible for the availability, accuracy, legality, or security of such external sites, and access to such sites is at your own risk.

Right to Refuse or Remove Sponsored Content

Creativate reserves the right, at its sole discretion, to reject, suspend, or remove any Sponsored Content that:

• violates applicable law, these Terms, or the Privacy Policy;

• fails to meet Creativate’s ethical standards, including commitments to anti-discrimination, responsible AI, and sustainability;

• poses reputational, security, or compliance risks.

No Compensation for Display

Users are not entitled to any compensation, revenue share, or financial benefit as a result of Sponsored Content displayed within the Services, unless expressly agreed in a separate written contract with Creativate.

Disclaimers and Limitation of Liability

General Disclaimer

The Services, including all AI Outputs, are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. To the maximum extent permitted by law, Creativate disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability.

No Guarantee of Results

Creativate does not guarantee that use of the Services will result in any particular business outcome, success, revenue, funding, or compliance result. AI Outputs are assistive in nature and must be validated by the User before reliance.

Third-Party Services Disclaimer

Creativate is not responsible for the availability, security, accuracy, or practices of any Third-Party Services or integrations, as described in Section 23. Users access and rely on such services at their own risk.

Exclusion of Certain Damages

To the maximum extent permitted by law, Creativate shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages, including but not limited to lost profits, lost revenue, loss of goodwill, business interruption, or loss of data, even if advised of the possibility of such damages.

Limitation of Direct Damages

Creativate’s total aggregate liability for any claim, whether in contract, tort, or otherwise, arising out of or related to the Services or these Terms shall not exceed the total amount paid by the User to Creativate for the Services in the twelve (12) months preceding the event giving rise to the claim. If you are on a Free Plan, Creativate’s liability is limited to one hundred (100) euros.

Exclusions Where Liability Cannot Be Limited

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• intentional misconduct or gross negligence;

• violation of mandatory consumer rights under applicable law.

User Responsibility

You acknowledge that:

• you are solely responsible for the use of the Services and AI Outputs;

• you must implement appropriate safeguards (e.g., data backups, oversight mechanisms) when using the Services;

• Creativate shall not be liable for losses resulting from your misuse of the Services or failure to comply with these Terms.

Indemnification

User Indemnification
You agree to defend, indemnify, and hold harmless Creativate Technologies GmbH, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use of the Services or AI Outputs in violation of these Terms, applicable law, or third-party rights;

• your Business Content or User Content, including any allegation that such content infringes or misappropriates the intellectual property, privacy, or other rights of a third party;

• your breach of any representation, warranty, or obligation under these Terms;

• your misuse of Tokenized Participation Rights or violation of AML/KYC/sanctions requirements.

Procedure
Creativate will:

• promptly notify you of any claim for which indemnification is sought;

• provide reasonable cooperation in the defense at your expense;

• allow you to control the defense and settlement of the claim, provided that you may not settle any claim without Creativate’s prior written consent if such settlement imposes obligations on Creativate or affects its rights.

Creativate’s Right to Participate
Creativate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Creativate’s defense of such claim.

Survival
Your indemnification obligations under this Section survive termination or expiration of these Terms.

Corporate Social Responsibility (CSR) and ESG Commitments

Commitment to Responsible Business

Creativate is committed to conducting its business in accordance with principles of sustainability, social responsibility, and good governance (ESG). These commitments guide how we design, operate, and improve our Services.

Environmental Responsibility

Creativate strives to minimize its environmental footprint by:

• selecting hosting providers with strong sustainability credentials;

• seeking energy-efficient solutions in the operation of its infrastructure;

• promoting responsible and sustainable use of digital resources.

Social Responsibility

Creativate is committed to fostering inclusion, diversity, and fairness within its organization and community of Users. You agree not to use the Services in ways that promote discrimination, hate, or harassment, as further described in Section 19 (Ethical Use of Services).

Governance and Compliance

Creativate upholds high standards of corporate governance and compliance by:

• adhering to applicable laws, including the GDPR, the EU AI Act, and other regulatory frameworks;

• maintaining transparency in its policies and operations;

• implementing internal oversight and accountability mechanisms.

Supply Chain and Third Parties

Creativate seeks to engage with third-party providers and partners who demonstrate responsible ESG practices. However, Creativate is not liable for the actions or omissions of such third parties, except as required by mandatory law.

User Alignment with ESG Principles

By using the Services, you acknowledge Creativate’s ESG commitments and agree not to use the Services in ways that conflict with these principles, including but not limited to causing undue environmental harm, engaging in discriminatory practices, or violating applicable laws.

Compliance with Applicable Laws

You agree to use the Services in full compliance with all applicable laws, regulations, and industry standards. Without limitation, this includes compliance with:

• Data Protection and Privacy Laws: including but not limited to the General Data Protection Regulation (GDPR), the ePrivacy Directive, and any national implementing legislation.

• Artificial Intelligence Regulation: including the EU Artificial Intelligence Act (AI Act) and any other applicable frameworks governing the deployment and use of AI systems.

• Consumer Protection and Digital Services Laws: including the EU Digital Services Act (DSA), Digital Markets Act (DMA), and relevant national consumer protection rules.

• Financial, Tax, and Corporate Laws: where applicable to transactions, invoicing, tokenized participation rights, and subscription payments.

• Intellectual Property Laws: including copyright, trademark, trade secret, and patent laws applicable to the use of Creativate Content, User Content, and third-party materials.

• Employment and Non-Discrimination Laws: when using the Services in contexts involving hiring, recruitment, or workforce management.

In addition, you acknowledge and agree that:

• Mutual Compliance: While you are responsible for ensuring your own compliance, Creativate likewise undertakes to provide the Services in accordance with applicable laws and regulations in the jurisdictions where it operates.

• Local and Sector-Specific Laws: You must not use the Services in jurisdictions where such use is unlawful or would subject Creativate to additional regulatory obligations. You are solely responsible for ensuring compliance with any industry-specific laws outside the EU regulatory framework (e.g., healthcare, financial, or children’s data regulations such as HIPAA, GLBA, COPPA).

• Authority and Representations: By using the Services, you represent and warrant that (i) you have the authority to bind your organization or entity (if applicable) to these Terms, and (ii) your use of the Services will comply with all applicable laws and regulations.

• User Responsibility: You will not use the Services in any manner that would cause Creativate or its affiliates to violate applicable law. You are solely responsible for ensuring that your use of AI Outputs, Business Content, and Tokens complies with the laws and regulations of your jurisdiction.

• Cooperation and Compliance Monitoring: You agree to provide Creativate with reasonable cooperation and information, if requested, to enable Creativate to demonstrate or maintain compliance with applicable legal or regulatory obligations.

• Suspension for Non-Compliance: Creativate may suspend or terminate your access to the Services if it reasonably believes that your use violates applicable law or exposes Creativate to regulatory, legal, or reputational risk.

Export Control and Sanctions Compliance

Export Control and Sanctions Compliance

The Services, including any software, technology, AI models, Tokenized Participation Rights, and related technical data, may be subject to export control, sanctions, and trade compliance laws and regulations. These include, without limitation:

• The export control and sanctions regimes of the European Union;

• The export administration regulations of Germany and other EU Member States;

• The trade restrictions administered by the U.S. Department of Commerce and the U.S. Department of the Treasury (OFAC); and

• Any other applicable laws in the jurisdictions where the Services are provided, accessed, or used.

Accordingly, by using the Services, you represent, warrant, and agree that you will not, directly or indirectly:

1. Access, use, export, re-export, transfer, or otherwise make available the Services in violation of any applicable export control, sanctions, or trade compliance laws;

2. Provide access to the Services to any individual, entity, or jurisdiction subject to sanctions, embargoes, or trade restrictions;

3. Use the Services for any purpose prohibited under applicable export control laws, including but not limited to the design, development, manufacture, or support of weapons, military systems, surveillance technologies, or any other restricted or harmful use;

4. Misrepresent or conceal your identity, jurisdiction, or end-use in order to circumvent applicable trade controls;

5. Engage in any conduct that would expose Creativate to penalties, blacklisting, or reputational risk under applicable trade laws.

Creativate reserves the right to:

• Suspend or terminate access to the Services if it reasonably determines that your use violates export control or sanctions requirements;

• Request and verify information necessary to confirm compliance with applicable trade regulations, including but not limited to Know-Your-Customer (KYC) and Anti-Money Laundering (AML) checks;

• Cooperate with authorities and disclose information to competent regulators where required to demonstrate compliance or investigate suspected breaches.

By using the Services, you further confirm that you are not:

• A national, resident, or entity located in a jurisdiction subject to comprehensive sanctions (including but not limited to embargoed countries identified by the EU or OFAC);

• Listed on any government sanctions, restricted party, or denied persons list;

• Acting for, or on behalf of, any individual or entity falling under such restrictions.

Important Notice: Any attempt to circumvent or violate export control or sanctions compliance obligations will result in immediate termination of your right to use the Services and may be reported to relevant authorities.

Copyright Infringement Procedure (DMCA-like / EU equivalent)

Creativate respects the intellectual property rights of others and expects its Users to do the same. Unauthorized use of copyrighted content, including but not limited to text, images, audiovisual material, software, or AI-generated outputs that infringe third-party rights, is strictly prohibited.

If you believe that content available through the Services infringes your copyright or other intellectual property rights, you may submit a written notice (“Notice of Alleged Infringement”) to Creativate in accordance with the procedures below.

Required Information for a Notice of Alleged Infringement

To be valid, the Notice must include:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list;

• Identification of the allegedly infringing material, including sufficient information to enable Creativate to locate it within the Services;

• Your contact information (full name, address, email, telephone number);

• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement that the information provided in the Notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on their behalf;

• Your physical or electronic signature.

How to Submit a Notice

You must send the Notice of Alleged Infringement either:

• By email to: contact@creativate.tech; or

• By postal mail to: Creativate Technologies GmbH, Agnes-Pockels-Bogen 1, 80992 Munich, Germany – Attn: Legal Department.

• Alternatively, through the dedicated Notice & Action form available within the Services, as required under the EU Digital Services Act.

Counter-Notification Procedure

If you believe your content was removed or disabled by mistake or misidentification, you may file a counter-notification (“Counter-Notice”). The Counter-Notice must include:

• Identification of the material that has been removed or disabled and its previous location within the Services;

• A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;

• Your full name, address, telephone number, and email address;

• A statement that you consent to the jurisdiction of the courts of Munich, Germany, and will accept service of process from the party who submitted the original Notice;

• Your physical or electronic signature.

Upon receipt of a valid Counter-Notice, Creativate may restore the material, unless the copyright owner files a court action within the legally required timeframe.

Repeat Infringers and Policy Enforcement

• Creativate may suspend or terminate the accounts of Users who are determined to be repeat infringers of intellectual property rights.

• Creativate may also restrict access to or remove content if it reasonably believes that such content infringes or may infringe third-party rights, even without a formal Notice.

EU-Specific Requirements under the Digital Services Act (DSA)

As required by the EU Digital Services Act, Creativate provides a mechanism for Users and rightsholders to notify unlawful content (including copyright infringement) through a dedicated Notice and Action mechanism accessible via the Services. Such notices will be processed diligently, objectively, and in a timely manner.

Important Notice: Submitting false or misleading infringement notices or counter-notices may expose you to liability under applicable laws.

Changes to the Terms (incl. Notice Period for Major Changes)

Creativate may amend, update, or replace these Terms from time to time in order to reflect changes in legal, regulatory, technical, or business requirements.

Notification of Changes

For material changes that, in Creativate’s reasonable judgment, may significantly affect your rights or obligations, Creativate will provide you with reasonable advance notice of at least thirty (30) calendar days before such changes take effect, unless earlier implementation is required by law, regulation, or urgent security reasons. Notification may be given by email, through an in-service notification, or by publication of the updated Terms on the Creativate website.

Effective Date

Unless otherwise specified, the revised Terms will automatically take effect on the date indicated in the notification. Continued access to or use of the Services after that date will constitute binding acceptance of the updated Terms.

User Right to Object

If you do not agree with the updated Terms, you may terminate your Account and cease using the Services before the effective date. If you are a paying subscriber, you may request a pro-rata refund for any prepaid but unused portion of your subscription when termination results from a material change to the Terms.

Minor Changes

Non-material modifications, such as typographical corrections, editorial clarifications, or updates necessary to reflect new features that do not materially affect your rights or obligations, may be implemented without prior notice.

Supersession

Unless otherwise specified, the updated Terms will supersede and replace all previous versions.

Important Notice

Your continued use of the Services after the effective date of revised Terms will be deemed as your binding acceptance of such Terms.

Force Majeure

Creativate shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events or circumstances beyond its reasonable control.

These events include, but are not limited to: acts of God, natural disasters (such as fires, floods, earthquakes, or storms), public health emergencies (including epidemics or pandemics), wars, armed conflicts, terrorist acts, or civil disturbances, governmental actions or restrictions, embargoes or sanctions, strikes, labor disputes, or industrial actions, failures or interruptions of telecommunications, internet, hosting or cloud infrastructure, power outages, cyberattacks, or any other event that was not reasonably foreseeable or could not reasonably be prevented.

During such events, Creativate’s obligations shall be suspended for the duration of the force majeure event, and the time for performance shall be extended accordingly. Creativate will make commercially reasonable efforts to mitigate the impact of the event and to restore Services as promptly as possible.

If the force majeure event continues for more than sixty (60) calendar days, either party may terminate the affected Services by providing written notice. Such termination shall not give rise to liability for damages, except that Users remain responsible for fees or charges accrued up to the effective date of termination.

Important Notice: A force majeure event does not relieve Users from their obligation to pay for Services already delivered, and shall not entitle Users to seek damages or compensation for non-performance caused by such events.

Survival of Clauses

The termination or expiration of these Terms, for any reason, shall not affect provisions which by their nature are intended to survive. In particular, the following shall remain in force after termination:

• intellectual property rights and licenses granted to Creativate,

• confidentiality, data protection, and privacy obligations, including obligations arising under the GDPR and the AI Act,

• export control and sanctions compliance,

• payment obligations accrued prior to termination,

• limitation of liability and warranty disclaimers,

• indemnification,

• dispute resolution, governing law, and jurisdiction,

• any other provisions expressly stated to survive or required to give effect to their purpose.

Termination of the Services shall not relieve either party of obligations already incurred, nor affect any rights or remedies accrued prior to the effective date of termination.

Notices and Communication

All notices, requests, or communications under these Terms shall be made in writing and deemed valid when sent: (i) by email to the address associated with your Account, (ii) through in-service notifications made available within the platform, or (iii) by postal mail to the contact details you have provided.

Notices to Creativate must be sent by email to contact@creativate.tech or by postal mail to: Creativate Technologies GmbH, Agnes-Pockels-Bogen 1, 80992 Munich, Germany – Attn: Legal Department.

Electronic communications, including email and in-service notifications, shall have the same legal effect as written and signed documents, to the maximum extent permitted by applicable law. It is your responsibility to keep your Account information, including your contact email and postal address, accurate and up to date in order to receive notices properly.

In accordance with the EU Digital Services Act, Creativate also provides a valid electronic point of contact for both Users and competent authorities. This channel may be used to submit legally relevant communications, including notices relating to unlawful content or regulatory inquiries, and Creativate undertakes to ensure that such communications are received and processed in a timely manner.

Creativate may also, where required by law, provide notices in a durable medium or by any other legally permissible means.

Third-Party Beneficiaries Disclaimer

These Terms are concluded solely between you and Creativate. No provision of these Terms is intended to, or shall be interpreted to, create rights or remedies in favor of, or to be enforceable by, any third party.

Nothing in these Terms shall be deemed to establish any form of partnership, joint venture, employment, fiduciary, or agency relationship between you and Creativate, nor shall any third party be entitled to bring a claim or legal action based on these Terms.

For the avoidance of doubt, there are no third-party beneficiaries under these Terms, except where mandatory provisions of applicable law (including data protection rights under the GDPR or notice-and-action rights under the EU Digital Services Act) expressly provide otherwise.

Language and Versions

These Terms are drafted in English. Translations may be provided for convenience into other languages; however, in the event of any inconsistency or conflict, the English version shall prevail and be the legally binding text, except where mandatory provisions of applicable law require otherwise.

If you are a consumer located in the European Union, you may request that the Terms and related communications be provided in a language that you can easily understand, in accordance with applicable consumer protection and e-commerce legislation.

Creativate may issue updated versions of these Terms over time. Unless otherwise stated, each update will supersede prior versions. Archived versions may be made available for reference where required by law or at Creativate’s discretion.

Governing Law and Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating to them, including their validity, interpretation, performance, or termination, shall be governed by and construed in accordance with the laws of Germany, without regard to conflict-of-law principles.

Jurisdiction

The courts of Munich, Germany shall have exclusive jurisdiction over any disputes, unless mandatory provisions of consumer protection law grant you the right to bring claims in your country of residence.

Alternative Dispute Resolution

Before initiating court proceedings, the parties shall make good faith efforts to resolve the dispute amicably. If no solution is reached within thirty (30) days, either party may refer the dispute to litigation, without prejudice to mandatory mediation or arbitration mechanisms provided by law.

Consumers in the European Union may also use the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/) to submit complaints and seek out-of-court settlement.

Equitable Relief

Nothing in this section prevents Creativate from seeking injunctive or other equitable relief before competent courts to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights, data protection obligations, or security interests.

Important Notice

If you are acting as a consumer, these Terms do not affect any rights you may have under mandatory provisions of the law of your country of residence, which shall apply in addition to German law.

Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and Creativate regarding the Services, and supersede any prior agreements, understandings, or representations, whether oral or written.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without prior written consent from Creativate, except in the case of a merger, acquisition, or transfer of all or substantially all of your assets. Creativate may assign or transfer these Terms, in whole or in part, without restriction.

Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, fiduciary, or agency relationship between you and Creativate. Each party acts on its own behalf and for its own account.

Waiver

The failure by Creativate to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor prevent Creativate from enforcing it in the future.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Headings

Headings and section titles in these Terms are provided for convenience only and shall not affect the interpretation of the provisions.

Force of Law

These Terms are intended to be enforced to the maximum extent permitted by applicable law. Where mandatory legal provisions apply, they shall prevail over conflicting terms.

Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, you may contact Creativate at:

Creativate Technologies GmbH

Agnes-Pockels-Bogen 1

80992 Munich

Germany

Email: contact@creativate.tech

Creativate will make reasonable efforts to respond to communications in a timely manner and, where required by law, in a durable medium.

For users located in the European Union, you also have the right to contact your local Data Protection Authority or other competent regulatory authority in case of disputes relating to data protection, privacy, or digital services obligations.

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Effective Date: August 2025 

Creativate Technologies GmbH