Terms of Use

1. Your Agreement to these Terms

These Terms of Use (these "Terms" or the "Agreement"), as may be updated from time to time, govern your access to and use of the Platform and Services. They form a legally binding agreement between you and us. For the purposes of these Terms, "you" and "your" refer to you as the end user of the Services.

By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully, particularly the provisions in bold or ALL CAPS, which highlight key legal terms and conditions. If you do not agree to any part of these Terms, you must stop using the Services immediately.

Your access to and use of the Services are also subject to our Privacy Policy and any additional guidelines or rules we make available from time to time, including our Refund & Exchange and Shipping policies. Those documents are incorporated into these Terms by reference.

2. Changes to these Terms

We may update, enhance, or modify the Services from time to time to improve your experience and to keep the Platform safe and reliable. We also reserve the right to revise these Terms to reflect changes in our practices, legal requirements, or business operations.

When we make material changes, we will make reasonable efforts to notify you—for example, by posting an update on the Platform or sending a notice to your account email. We will also update the "Last Updated Date" at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services immediately.

3. Accounts

3.1 Account Requirements

To use many parts of the Services—including conversational design, generated images, saved designs, credits, subscriptions, and placing custom orders—you must create an account. We currently support email one-time passcode sign-in and Google sign-in. When you create an account, you must provide accurate, current, complete, and truthful information, and you are responsible for keeping that information up to date.

3.2 Eligibility

You must be at least 13 years of age, or the minimum age required in your jurisdiction, to use the Services. If you are under the age of 18 (or the age of majority in your jurisdiction), you may only use the Services with the permission and under the supervision of your parent or legal guardian. By using the Services, you confirm that your parent or legal guardian has reviewed and agreed to these Terms with you.

If you are using the Platform or Services on behalf of a business, organization, or other legal entity, you represent and warrant that you are authorized to do so, and all such use is deemed to be on behalf of and binding upon that entity.

3.3 Account Security and Termination

You acknowledge and agree to the following:

• Account security. You are solely responsible for maintaining the security and confidentiality of your account, including your email access, one-time passcodes, and any linked third-party sign-in. You must not share your login information with any third party.
• Account activity. You are solely responsible for all activities that occur through or under your account.
• Monitoring. We may, but are not obligated to, monitor activities occurring under or through your account. We are not liable for any loss or damage arising from unauthorized access to or use of your account, including hacking, misuse, or theft.

We reserve the right to temporarily suspend, permanently terminate, or otherwise restrict your account, with or without notice, at any time, including if you violate these Terms or applicable laws; if your activity may harm us, other users, or third parties, impair the Platform, or infringe third-party rights; in response to lawful requests from law enforcement or regulators; due to technical, operational, or security issues; or if your account has been inactive for a prolonged period.

Subject to your statutory rights, if your account is suspended or terminated, your access to the account and any associated data, designs, credits, or materials may be restricted or permanently lost. We do not guarantee the continued availability or recoverability of your content, and you are solely responsible for backing up anything you wish to preserve.

If you no longer wish to use the Services, you may request to delete your account by contacting us at support@creatour.ai. After deletion, we generally delete or de-identify account information within 30 days, unless a longer period is required to complete an order, resolve a dispute, or comply with law.

4. Acceptable Use

4.1 Prohibited Use

You agree to use the Services only for lawful purposes and only as expressly permitted under these Terms and applicable laws. You shall not use the Services, directly or indirectly:

• To exploit, harm, or attempt to exploit or harm minors in any manner;
• To generate or disseminate verifiably false or misleading information with the intent to cause harm;
• To generate, distribute, or misuse personally identifiable information in a way that could harm an individual;
• In any manner that infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other legal rights of any third party;
• To defame, harass, intimidate, threaten, or otherwise disparage any person or group;
• For fully automated decision-making that may adversely affect an individual's legal rights or entitlements;
• In any way intended to discriminate against or harm individuals or groups based on personal characteristics or social behavior;
• To provide medical, legal, financial, or other professional advice; or
• To generate or use information in connection with the administration of justice, law enforcement, immigration, or asylum proceedings.

4.2 Technical Restrictions

You agree that you will not, and will not permit or encourage any third party to:

• Copy, reproduce, modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services;
• Remove, alter, or tamper with any copyright, trademark, or other proprietary rights notices displayed by the Services;
• Sell, license, sublicense, lease, assign, or otherwise commercially exploit any part of the Services without our prior written consent;
• Use any robot, spider, scraper, crawler, or other automated means to access, extract, or harvest information from the Services;
• Upload or transmit viruses, malware, or any other code intended to damage or interfere with the Services; or
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, connected networks, or user accounts.

We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole judgment, find to be objectionable, in violation of these Terms, in breach of applicable law, or otherwise harmful to the Platform or our users. Any violation may result in civil, criminal, or administrative liability, including account suspension or termination and reporting to law enforcement.

5. Content and AI Output

5.1 Content

You may provide input to the Services ("Input"), and receive output generated by the Services based on that Input ("Output"). Together, Input and Output are referred to as "Content". Content may include photos, text prompts, chat messages, design edits, URLs, generated images, product customizations, and any other materials you submit to or receive from the Services.

5.2 Ownership

Subject to applicable law and the rights granted under these Terms:

• You retain all ownership rights, including copyright, in your Input; and
• As between you and us, you own the Output generated by the Services in response to your Input. To the extent we may hold any rights in the Output, we assign to you all right, title, and interest we may have in that Output, subject to your compliance with these Terms and applicable law.

Owning Output does not mean we guarantee that Output is unique, unused by others, or free of third-party rights. Similar prompts or reference images may produce similar designs for other users.

5.3 License Grant to Us

By using the Services and submitting or generating Content, you grant to us and our affiliates, service providers, and manufacturing partners a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use your Content solely to the extent necessary to:

• Operate, provide, maintain, improve, and develop the Services;
• Manufacture, fulfill, and deliver the products you order;
• Ensure the functionality, security, and integrity of the Services;
• Comply with applicable laws, legal obligations, or law enforcement requests; and
• Enforce our Terms, policies, and rights.

For this section, "use" includes the right to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and otherwise exploit the Content, only to the extent necessary for the purposes above. We may also show completed designs in our shop, templates, or marketing if you have not asked us to keep a design private, and we will not present a personal photo as a public template without your permission.

5.4 Your Representations

By accessing or using the Services, you represent and warrant that:

• You have all necessary rights, licenses, consents, and permissions to provide Input to the Services and to grant the rights set forth in these Terms;
• You are solely responsible for your Content, including its legality, reliability, accuracy, and appropriateness;
• We do not and cannot guarantee the legality, appropriateness, accuracy, or completeness of any content generated through the Services based on your Input; and
• Your Content, and your use of the Services, does not and will not violate any applicable law or third-party rights, or require us to obtain additional licenses, pay royalties, or provide attribution to any third party.

5.5 Disclaimer Regarding Artificial Intelligence Output

Artificial intelligence and machine learning are complex and continually evolving technologies. The Services may produce content that is imprecise, incomplete, outdated, or otherwise inaccurate. By using the Services, you understand and agree that:

• Output is not guaranteed to be accurate. Generated designs, descriptions, and other Output may not always reflect real people, materials, dimensions, or current events. You should not treat Output as factual, authoritative, or a substitute for professional judgment.
• Independent evaluation is required. You are solely responsible for evaluating the accuracy, completeness, legality, and appropriateness of any Output before you rely on it or place an order.
• Product images are design previews. Generated images are visualizations of a design. The finished physical product may differ in color, scale, finish, stone setting, or other details because of manufacturing constraints.
• No use for high-stakes decisions. You may not use any Output relating to an identifiable individual in a manner that could have a legal, financial, reputational, or material impact on that person.
• Views not endorsed. The Output is produced algorithmically and does not represent our views, values, or opinions.

6. Paid Services, Credits, and Subscriptions

6.1 Paid Services

We may offer certain features free of charge ("Free Services"), while others may require payment ("Paid Services"). Paid Services may include subscriptions, credit packs, custom product orders, shop purchases, and any other premium offerings made available on the Platform. The scope, features, pricing, and applicable terms of each Paid Service are described on the corresponding product, pricing, or checkout page. You are responsible for reviewing those details before purchasing.

Unless otherwise required by applicable law, we reserve the right to modify or discontinue any part of the Services at any time, including by adjusting features available in Free or Paid Services, changing pricing or billing practices, or introducing or discontinuing offerings. Changes will not retroactively affect rights you have already validly acquired, unless required by law or necessary to address a legal, technical, or security issue.

6.2 Credits

Credits are used when you converse with the AI designer and when images are generated during a conversation. Credits purchased as digital goods are added to your account after payment and, unless we state otherwise at checkout or required by law, do not expire. Credits are not legal tender, have no cash value outside the Services, and are non-transferable except as required by law. Credits are generally non-refundable once they have been added to your account.

6.3 Purchase and Billing

Paid Services are processed by a third-party payment processor (currently Stripe). You authorize us and our payment processor to charge your selected payment method for the applicable fees, plus any required taxes. Unless you reside in a jurisdiction that requires otherwise, prices displayed may be exclusive of taxes, which may be added at checkout. Failure to pay the required fees may result in denial, suspension, or termination of access to the Paid Services.

Subscriptions may be billed on a recurring basis (for example, monthly). By subscribing, you authorize us and our payment processor to store your payment information and charge it at the beginning of each renewal period until you cancel.

6.4 Renewal and Cancellation

Auto-renewing subscriptions renew for the same duration as the previous term unless stated otherwise on the Platform. Your payment method will be charged at the beginning of each renewal period unless you cancel before the current term ends. You can manage or cancel a subscription through your account billing settings or by contacting us at support@creatour.ai.

Canceling a subscription stops future renewal charges. It does not automatically refund the current term, unused credits, or physical product orders already placed. You may continue to use the paid features included in your plan until the end of the then-current billing period.

7. Physical Products and Orders

Creatour is a shopping platform built around personalization. You may order custom products designed through the Services, or purchase pieces from our shop. Our current focus is jewelry, and we may expand into apparel, figures, printed goods, home decor, and other categories.

Each custom piece is made to order. Production and delivery times shown at checkout are estimates, not guarantees. You are responsible for providing an accurate shipping address, contact details, and, where applicable, a correct ring size or other measurements. We are not responsible for delays, failed delivery, or an incorrect fit caused by information you provide.

If you mark an order as a gift, we may add a card and gift packaging and hide pricing from the recipient. Gift treatment does not change your payment obligations or these Terms.

Title and risk of loss for physical products pass to you when the order is delivered to the carrier, except where mandatory law requires otherwise. Please review our Shipping policy for more detail.

8. Refunds and Exchanges

Because many of our products are custom-made, refunds and exchanges are limited. Unless a longer or different right is required by the laws of your country or region:

• For a product you designed yourself, once the order has been processed and enters production, we cannot accept cancellations or refunds. If it arrives lost or damaged in transit, we will send a replacement or remake it at no cost.
• For a product purchased directly from the shop, we accept returns and exchanges if you contact us within 7 days of receiving the order.
• Digital credits are non-refundable once they have been added to your account.
• Unused subscription fees requested within 7 days of purchase, and before you have used the paid features, may be considered on a case-by-case basis where required by law or where we agree in writing.

To request a refund or exchange, contact us at support@creatour.ai. Approved refunds are issued to the original payment method. This section does not limit any non-waivable rights you may have under applicable law. See our Refund & Exchange policy for additional detail.

9. Intellectual Property Rights

The Services, including the Platform, software, models, templates, shop photography, trademarks, and look and feel of Creatour, are owned by us or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in the Services.

We respect intellectual property rights and expect our users to do the same. We reserve the right, at our sole discretion and without prior notice, to remove any content that infringes (or is alleged to infringe) intellectual property or publicity rights, block access to the Services, terminate the accounts of repeat or serious infringers, and take any other action we deem appropriate.

If you believe your intellectual property rights have been infringed, please contact us at support@creatour.ai. Your written notice should include:

• A physical or electronic signature of the person authorized to act on behalf of the rights owner;
• A clear description of the copyrighted work or other intellectual property being infringed, including proof of your ownership rights;
• A description of the material that is allegedly infringing, and where it is located on the Platform;
• Your name, address, phone number, and email address; and
• A statement that you have a good-faith belief that the use of the material is not authorized by the rights owner, their agent, or the law.

10. Third-Party Services

The Services may incorporate or rely on third-party services, including payment processors, sign-in providers, shipping carriers, manufacturing partners, and third-party large language models or image-generation APIs. When using those services, you agree to comply with any applicable terms they impose.

To the fullest extent permitted by law, any dispute you may have with a third party arising from your use of their services is solely between you and that third party. You release us from claims, demands, liabilities, and losses arising from or related to such disputes. We do not create or control Output generated by third-party model providers and have no obligation to review or pre-screen that Output.

11. Disclaimer of Warranties

The Services and all materials and content available through the Services are provided "as is" and on an "as available" basis. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR, OR WILL NOT CONTAIN HARMFUL CODE; OR
• ANY INFORMATION OR OUTPUT OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE.

NO CONDITIONS, REPRESENTATIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, OR NON-INFRINGEMENT) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THEY ARE EXPRESSLY SET OUT IN THESE TERMS.

We may change, suspend, withdraw, or restrict the availability of all or any part of the Services for business and operational reasons at any time without notice. WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT AFTER SUSPENSION OR TERMINATION OF ANY SERVICES.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR CREDITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR 50 US DOLLARS (USD $50), WHICHEVER IS HIGHER.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

13. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CREATOUR, CREATOUR INC, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING FROM YOUR USE OF THE SERVICES, YOUR CONTENT, YOUR ORDERS, OR YOUR VIOLATION OF THESE TERMS.

14. Dispute Resolution and Governing Law

14.1 Dispute Resolution

Unless otherwise required by applicable law, all claims or disputes arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in San Francisco County, California.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CREATOUR EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ANY CLAIMS WILL BE BROUGHT INDIVIDUALLY, AND NOT AS PART OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.2 Governing Law

Except as otherwise required by applicable law, these Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws rules.

15. Contact Information

If you have any complaints, suggestions, or other questions about these Terms, please contact us at support@creatour.ai. We will review the issue as soon as possible and reply after verifying your identity.