CreatorKit Terms of Service

These Terms of Service ("Terms"), which include and hereby incorporate the Privacy Policy at creatorkit.com/legal/privacy ("Privacy Policy"), are a legal agreement between BetaLabs Inc. doing business as CreatorKit, a Delaware corporation with an address at 440 N Barranca Ave #8191 Covina, 91723, California, United States (the "Company" or "we") and you ("you" or “Customer”).

1. Overview

We operate the website located at creatorkit.com (the "Website"), as well as any other related products and services that refer or link to these legal terms (collectively, the “Service” or "Services").

The Services enable you to design and generate images and videos (the “Generated Content”). These terms explain what rights you have with respect to the Generated Content, your use of the Services, and other important topics.

These Terms apply to your use of: (i) our Website, including all of its subdomains; (ii) our other products or services, including any documentation related thereto; and (iii) any extensions or derivatives of our Website or any part thereof (including any APIs, pixels, cookies, iFrames, scripts or any other software components necessary to enable connection to the Website).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to these Terms. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

2. Using the Service

By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party. (e) you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. CreatorKit reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.

Your use of the Customer Content, must comply with section 5.1 Acceptable Use Policy for Customer Content, and your use of the Generated Content, must comply with section 6.3 Acceptable Use Policy for Customer Content.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with CreatorKit.

3. Restrictions on the use of the Service.

You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Generated Content.

4. Your Information

By using the Services, you may provide personal information like your email address, user name, billing information, text prompts, images, and videos that you upload to the Service. Our privacy policy can be found here.

5. Customer Content

“Customer Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that a Customer provides or makes available to CreatorKit in connection with the use of the Services. You are solely responsible for your Customer Content. You assume all risks associated with the use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content that personally identifies you or any third party. You hereby represent and warrant that your Customer Content does not violate our

5.1 Acceptable Use Policy for Customer Content.

You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by CreatorKit. Because you alone are responsible for your Customer Content, you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. CreatorKit is not obligated to backup any Customer Content, and your Customer Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Customer Content if you desire.

5.2 License of Customer Content

You hereby grant (and you represent and warrant that you have the right to grant) to CreatorKit an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you .We may also use Customer Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, Customer shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on CreatorKit any right of ownership or interest in the Customer Content or the intellectual property rights there.

5.3 Enforcement

We reserve the right (but have no obligation) to review any Customer Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

5.4 Feedback

If you provide CreatorKit with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to CreatorKit all rights in such Feedback and agree that CreatorKit shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. CreatorKit will treat any Feedback you provide to CreatorKit as non-confidential and non-proprietary. You agree that you will not submit to CreatorKit any information or ideas that you consider to be confidential or proprietary.

6. Generated Content

In this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.

If you are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue and you are using the Services on behalf of Your employer, You must purchase a subscription for every individual accessing the Services on your behalf in order to get a license to for the Generated Content you create. If You are not sure whether your use qualifies as on behalf of your employer, please assume it does.

6.1 License of Generated Content

Under the terms of this agreement, we grant to you a perpetual, non-exclusive, non-transferable (subject to section 6.2 below) worldwide license to use the Generated Content for any use defined in the Acceptable Use Policy for Generated Conent.

6.2 Transferring rights to a client

You may transfer Generated Content to a client for the client’s own use, subject to the following terms:

• You will enter into a written agreement with your client that stipulates that the client’s use of the Generated Content must be only for their use and must be in accordance with these terms;
• You will remain solely responsible and liable for your client’s compliance with these terms; and
• Generated Content only be transferred to a single client.

6.3 Acceptable use Policy for Generated Content

If you are not a Paid Member, you are only entitled to use the Generated Content for non-commercial purposes, subject to the restrictions below.

If you are a Paid Member, you may use the Generated Content for any commercial use, subject to the following restrictions:

• Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Generated Content or the rights granted under this agreement (subject to section 6.2); use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark ; Use the Generated Content in a way that is pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Generated Content into disrepute; use the Generated Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content, or content in violation of any applicable industry codes or regulations. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
• use Generated Content in a manner that competes with CreatorKit’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale; to the extent that source code is contained within the Generated Content, reverse engineer, decompile, or disassemble any part of such source code;
• use or display the Generated Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
• use or display Generated Content in a manner that gives the impression that the Generated Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Generated Content);

6.4 Current copyright laws for AI generated content

CreatorKit makes no representations or warranties with respect to the current law that might apply to you regarding AI generated images. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction.

7. Subscription, Cancellation by You and Additional Usage (Pay-As-You-Go)

You may become a user of the Service at no cost. As a user, you will have the ability to participate in some, but not all, of the features and tools available within the Service. In order to access additional features, including the ability to use many of our tools, you must become a subscriber to the Service. We offer paid monthly subscription plans and annual subscription plans. These subscriptions are paid upfront monthly or annually depending on your subscription plan and according to your billing period, with automatic renewals every month or year respectively. You therefore acknowledge and agree that there will be recurring payments by you for the same and that we are authorized to charge the same credit card that you have used for the initial subscription and/or any other payment method used. This will continue until you cancel your subscription plan with us. Such cancellation must be made by you before your subscription renews in order to avoid being charged for the following month’s or year’s subscription fee. When you cancel, you will still have access to our Service based on your subscription plan until the end of your subscription period. You may also opt to downgrade your subscription plan at any time. Any downgrade will only take effect after the end of your current subscription period and the provisions in this section will continue to apply to such downgraded subscription plans. Depending on the subscription plan you select, you will be entitled to varying number of features and/or different limits. Any additional usage on top of those provided under the respective subscription plans is subject to additional charges as set forth in our pricing page. We will periodically charge you for such usage on a pay-as-you-go basis. This will continue for any accrued pay-as-you-go usage even after the cessation of your subscription plan for any reason and any unused portion will expire by the stipulated timeframe without being transferred to any subsequent usage period. In the event that such charges are not paid by you, we shall have the right to remove your access to our Service at any time and apply the value of your remaining subscription plan towards the fulfillment of such charges.

7.1 14-Day Guarantee Refund

• Annual subscriptions: If you cancel your Annual subscription within 14 days of original purchase, you will receive a full refund of your subscription fees, subject to the restrictions below. If you cancel your annual subscription after 14 days, your payment will be non-refundable and your service will continue until the end of your contracted term.
• Monthly subscriptions: If you cancel your monthly subscription within 14 days of original purchase, you will receive a full refund of your subscription fees, subject to the restrictions below. If you cancel your monthly subscription after 14 days, your payment will be non-refundable and your service will continue until the end of that month’s billing period.

The refund only applies for 14 days after the original purchase, not for subsequent renewals. Furthermore, our refund policy does not apply if:

• You exported Generated Content from the Platform
• You have shared Generated Content on social media.
• You published Generated Content publicly on any Website.

8. Services Availability and Disclaimers

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the style of the Generated Content, the algorithms used to generate the Generated Content, and features available to You. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Generated Content. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Generated Content are provided to You on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Generated Content and assume any risks associated with the use of the Services.

CreatorKit reserves the right to suspend or ban your access to the Services at any time, and for any reason.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

YOUR USE OF THE WEBSITE, GENERATED CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND risk. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, GENERATED CONTENT, AND SERVICES, OR WITH RESPECT TO ANY PRODUCT MADE AVAILABLE THROUGH THE FOREGOING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE, CONTENT AND SERVICES; OR (II) THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE WEBSITE AND SERVICES. We are not responsible for any incorrect or inaccurate Customer Content posted on the Website or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. CREATORKIT DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO WHETHER USER CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY.

CreatorKit is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you provide, except to the extent required by applicable law.

9. Limitation of liability

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Website or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, from any Content posted on or through the Website or Services, or from the conduct of any Users of the Website or Services, whether online or offline.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH RESPECT TO THE PURCHASE OF PHYSICAL GOODS, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PURCHASED GOODS WILL BE THE REFUND BY CREATORKIT OF THE AMOUNT YOU PAID FOR SUCH PRODUCT.

10. Linked content

Portions of the Website may involve linking to or using web sites belonging to third parties. The Website may also provide you with links to access the Websites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, CreatorKit cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. CreatorKit is not responsible for content or services available by means of such sites. CreatorKit does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

CreatorKit may allow you to purchase physical goods from third parties. CreatorKit has no responsibility or liability in respect of the provision of goods or services from any third party. The service uses open-source software. Click here to see the list.

11. Indemnification

You agree to indemnify, defend, and hold harmless CreatorKit and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Website or the Services, including any message or Content you transmit through the Website or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

12. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

13. Miscellaneous

Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of United States, without regard to any otherwise applicable conflicts of law principles. Any action to enforce this Agreement shall be brought in the courts located in the state of California, United States.

Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State of California, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action against CreatorKit must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and CreatorKit or enables you to act on behalf of CreatorKit. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

14. Contacting us

You can contact us if you have any questions about these terms or the information practices of the Services. You may contact us at legal@creatorkit.com.