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1. Introduction and Definitions
1.1 These Terms and Conditions ("Terms") govern the use of services provided by Createting ("Company", "we", "us", or "our"), including but not limited to our software-as-a-service solutions, AI services, meeting platforms, data analysis tools, and custom implementation services.
1.2 By accessing or using our services, you ("User", "you", or "your") agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our services.
1.3 Definitions:
- "Service(s)": Any and all services provided by the Company, including software, platforms, tools, and custom implementations.
- "Content": Any data, information, or material provided or submitted by Users in the course of using the Service.
- "Intellectual Property Rights": Any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any other proprietary rights.
2. Service Overview and License Grant
2.1 The Company provides various Services as described in the respective service descriptions and documentation. These Services may include meeting platforms, AI-powered tools (ConversationalAI, MeetingAI, ChatAI), data analysis solutions, and custom implementation services.
2.2 Subject to these Terms, the Company grants the User a non-exclusive, non-transferable, revocable license to use the Services for internal business purposes.
2.3 The User shall not:
a) License, sublicense, sell, or commercially exploit the Services;
b) Modify or create derivative works based upon the Services;
c) Reverse engineer or access the Services to build a competitive product or service.
3. User Obligations and Account Security
3.1 The User is responsible for maintaining the confidentiality of their account and password and for restricting access to their account.
3.2 The User shall use the Services in compliance with all applicable laws and regulations.
3.3 The User shall not:
a) Upload any unlawful or harmful Content;
b) Impersonate any person or entity;
c) Interfere with the Services or attempt unauthorized access.
4. Fees, Payment, and Subscription Plans
4.1 The User shall pay all fees specified in the applicable order forms or as listed on the Company's pricing page. Fees are quoted in [Currency] and are non-refundable.
4.2 Subscription tiers vary with different features and usage limits. Users may incur additional charges based on usage. Upgrades can be made immediately, and downgrades take effect at the next billing cycle.
4.3 Users may cancel subscriptions at any time, but services will continue until the end of the current billing period.
5. Partner Programs and Marketplace
5.1 The Company offers Partner Programs that allow third parties to collaborate with us in promoting and distributing our Services. Partners must adhere to specific criteria and guidelines provided by the Company.
5.2 The Marketplace features third-party plugins and integrations that Users can access and use with our Services. These are provided "as is," and the Company disclaims all warranties related to third-party products.
5.3 Users are responsible for ensuring that their use of any Marketplace items complies with all applicable laws and the terms governing those items.
6. Service Level Agreement (SLA)
6.1 The Company aims for at least 99.5% uptime monthly, excluding planned maintenance. Users will be notified of scheduled maintenance with at least 24 hours notice.
6.2 Support response times vary by subscription level:
- Standard Support: Response within 24 hours on business days.
- Premium Support: Response within 6 hours, including weekends.
6.3 If uptime falls below 99.5%, users are eligible for service credits.
7. Data Protection and Privacy
7.1 The Company processes personal data according to its Privacy Policy and applicable laws, including GDPR and CCPA.
7.2 The User is responsible for the legality and quality of the Content provided. Users must ensure compliance with third-party platform policies.
8. Warranties and Disclaimers
8.1 The Company warrants that it has the legal power to enter into these Terms and that the Services will perform materially in accordance with the applicable service description.
8.2 Services are provided "as is" without warranties of any kind.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Services.
10. Force Majeure
10.1 The Company is not responsible for delays or failures due to circumstances beyond its control, including natural disasters or governmental actions.
11. API Usage
11.1 APIs are currently under development. Users will be notified when they become available.
12. Beta Features and Experimental Services
12.1 Any features labeled as "beta" are experimental and offered at the user's risk. The Company makes no guarantees regarding their performance.
13. Termination
13.1 Either party may terminate these Terms with written notice of a material breach if such breach is not cured within 30 days.
14. Downtime and Service Interruptions
14.1 In cases of unexpected interruptions that result in verifiable financial loss, the Company may offer compensation at its discretion.
15. Regional Compliance
15.1 Users must ensure compliance with local laws. This includes data privacy regulations applicable in their jurisdictions.
16. Final Provisions
16.1 These Terms shall be governed by the laws of Germany, Bavaria. Any disputes will be subject to the exclusive jurisdiction of the courts of Germany, Bavaria.
16.2 For inquiries, please contact us at info@createting.com or visit our website at https://www.createting.com.
