CRE8IVE AI — TERMS AND CONDITIONS OF SERVICE
Terms and Conditions of Service
Cre8ive AI
1. Parties and Acceptance
These Terms and Conditions of Service (“Agreement”) form a legally binding contract between Cre8ive AI, a Nevada company (“Cre8ive AI,” “Company,” “we,” “us,” or “our”), and the business entity whose authorized representative accepts this Agreement (“Client,” “you,” or “your”).
Acceptance occurs when Client’s authorized representative checks the “I Agree” box and completes account registration, accesses or uses the Platform, or otherwise manifests assent to this Agreement. The individual accepting on behalf of a business entity represents and warrants that they have full legal authority to bind that entity. This Agreement is effective as of the date of acceptance (“Effective Date”).
Cre8ive AI provides a white-labeled B2B lead generation and marketing platform for the travel industry. All Clients are businesses; consumer use of this Platform is not permitted.
2. Definitions
For purposes of this Agreement, the following terms have the meanings set forth below:
- “Platform” means the Cre8ive AI software-as-a-service application, APIs, dashboards, tools, and related technology made available to Client under this Agreement.
- “Services” means all services provided under this Agreement, including Platform access, lead generation tools, data services, analytics, and support.
- “White-Label Product” means the Platform as deployed and branded by Client under Client’s own name and marks.
- “Client Leads” or “Consumer Data” means personal information of prospective customers collected through Client’s deployment of the Platform, including name, email address, phone number, travel preferences, and TCPA consent records.
- “Subscription” means Client’s paid access to the Platform under an applicable plan.
- “Setup Fee” means a one-time non-refundable fee charged at account activation for onboarding and initial configuration.
- “Overage Fees” means additional usage-based charges incurred when Client exceeds the limits of their Subscription plan.
- “Demo Access” means limited, time-restricted access to Platform features provided without charge for evaluation purposes.
3. Services and White-Label License
3.1 License Grant
Subject to Client’s compliance with this Agreement and timely payment of all Fees, Cre8ive AI grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for Client’s internal business purposes in connection with travel-related B2B marketing and lead generation activities.
3.2 White-Label Deployment
Client may present and deploy the Platform under Client’s own branding. Client acknowledges that the underlying technology, code, algorithms, and intellectual property remain exclusively owned by Cre8ive AI at all times. End users (leads) interacting with Client’s deployment will see only Client’s branding — Cre8ive AI’s identity will not be disclosed to end users unless Client explicitly chooses to do so.
3.3 Demo Access
Cre8ive AI may offer Demo Access to prospective Clients on a limited basis. Demo Access is provided “as is,” with no warranties, and may be withdrawn at any time. Cre8ive AI reserves the right to limit features and data volumes available during Demo Access. Demo Access does not constitute a commitment by Cre8ive AI to provide any specific feature set in the paid Platform.
3.4 License Restrictions
Client shall not, and shall not permit any third party to:
- Sublicense, resell, or transfer Platform access to any third party without prior written consent from Cre8ive AI;
- Reverse engineer, decompile, or attempt to derive the Platform’s source code;
- Modify, copy, or create derivative works based on the Platform;
- Use the Platform to build a competing product or service;
- Remove or obscure any proprietary notices in the Platform’s underlying systems;
- Use the Platform for any unlawful purpose or in violation of applicable law.
4. Subscription, Fees, and Payment
4.1 Subscription Plans
Access to the Platform is available on monthly or annual Subscription plans as set forth in the applicable order form or pricing page. Monthly Subscriptions renew automatically each calendar month. Annual Subscriptions renew automatically each year. Cre8ive AI reserves the right to modify pricing with thirty (30) days’ prior written notice.
4.2 Setup Fee
A one-time, non-refundable Setup Fee is due at account activation. This fee covers onboarding, initial platform configuration, and white-label setup. The Setup Fee is not credited toward Subscription Fees and is not refundable under any circumstances.
4.3 Usage-Based Overage Fees
If Client’s usage exceeds the limits of their Subscription plan (such as lead volume, contact limits, or API calls), Overage Fees will be calculated based on the applicable overage rate and billed in arrears at the end of the billing period. Client is responsible for monitoring usage and managing consumption within plan limits.
4.4 Billing and Payment
All Fees are billed in advance except Overage Fees, which are billed in arrears. Cre8ive AI uses Stripe as its payment processor. By providing payment information, Client authorizes Cre8ive AI to charge all applicable Fees to Client’s payment method on file. Client is responsible for maintaining accurate and current billing information.
4.5 Late Payments
Fees not received within ten (10) days of the due date may result in: (a) interest charged at 1.5% per month or the maximum legal rate, whichever is lower; (b) suspension of Platform access; and (c) termination of this Agreement. Cre8ive AI reserves the right to pursue all available legal and equitable remedies for non-payment.
4.6 Taxes
All Fees are exclusive of applicable taxes. Client is responsible for all sales, use, value-added, or similar taxes imposed on the Services, excluding taxes on Cre8ive AI’s net income.
4.7 No Refunds
All Fees, including the Setup Fee, are non-refundable except as required by applicable law. Cre8ive AI does not provide credits or refunds for partial billing periods, unused Subscription time, or plan downgrades.
5. Client Data and Lead Ownership
5.1 Client Owns Its Leads
Client retains sole and exclusive ownership of all Client Leads generated through Client’s White-Label Deployment. Cre8ive AI claims no ownership interest in Client Leads. Cre8ive AI’s access to Client Lead data is limited to operating, securing, and improving the Platform.
5.2 License to Process Client Data
Client grants Cre8ive AI a limited license to access and process Client Leads solely to: (a) deliver the Services; (b) maintain and improve the Platform; (c) ensure security and prevent fraud; and (d) comply with applicable law.
5.3 Third-Party Data Sharing
Client acknowledges that Cre8ive AI may share or sell Consumer Data collected through the Platform with authorized third parties, including travel partners, advertisers, data brokers, and marketing service providers. All such sharing is conducted in compliance with TCPA, CCPA/CPRA, GDPR, and CAN-SPAM, and subject to required consumer disclosures at the point of collection. Client is solely responsible for ensuring all required consumer consents and disclosures are in place within Client’s White-Label Deployment prior to data collection.
6. TCPA, CCPA, GDPR, and CAN-SPAM Compliance
6.1 TCPA
The Telephone Consumer Protection Act (TCPA) imposes strict obligations on parties that contact consumers via autodialed calls, prerecorded messages, or text messages. Client is solely responsible for TCPA compliance in connection with all marketing activities conducted using Client Leads, including obtaining valid express written consent, maintaining and honoring do-not-call lists, and complying with calling-hour restrictions.
6.2 CCPA/CPRA
To the extent Client processes personal information of California residents, Client must comply with the California Consumer Privacy Act and California Privacy Rights Act, including honoring consumer rights to know, delete, correct, and opt out of the sale or sharing of personal information.
6.3 GDPR / UK GDPR
To the extent Client processes personal data of individuals in the EEA or UK, Client must comply with the General Data Protection Regulation and UK GDPR. Cre8ive AI will execute a Data Processing Agreement (DPA) with Client upon written request. Client acts as data controller for Consumer Data collected through its White-Label Deployment.
6.4 CAN-SPAM
Client must comply with the CAN-SPAM Act for all commercial email communications, including providing a valid physical address, a functioning opt-out mechanism, and honoring opt-out requests within ten (10) business days.
6.5 Client Indemnification for Compliance Failures
Client shall indemnify and hold Cre8ive AI harmless from any fines, penalties, claims, or damages arising from Client’s failure to comply with TCPA, CCPA, GDPR, CAN-SPAM, or any other applicable law.
7. Intellectual Property
Cre8ive AI and its licensors retain all right, title, and interest in the Platform, Services, software, algorithms, documentation, and all related intellectual property. No rights are granted to Client except the limited license expressly set forth in Section 3. Client retains ownership of Client’s own trademarks and branding used in the White-Label Deployment.
8. Disclaimers and Limitation of Liability
8.1 No Warranties
THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CRE8IVE AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION.
8.2 No Guarantee of Results
CRE8IVE AI DOES NOT GUARANTEE ANY SPECIFIC LEAD VOLUMES, CONVERSION RATES, BUSINESS OUTCOMES, OR RETURN ON INVESTMENT FROM USE OF THE PLATFORM.
8.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRE8IVE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.
8.4 Liability Cap
CRE8IVE AI’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
9. Indemnification
9.1 Client’s Indemnification Obligations
Client shall indemnify, defend (with counsel acceptable to Cre8ive AI), and hold harmless Cre8ive AI and its members, managers, officers, employees, agents, successors, and assigns from any claims, liabilities, damages, fines, penalties, and expenses (including attorneys’ fees) arising from:
- Client’s use of the Platform or White-Label Product;
- Claims by Client’s end users, leads, or customers relating to the White-Label Deployment;
- Client’s violation of this Agreement or any applicable law, including TCPA, CCPA, GDPR, or CAN-SPAM;
- Client’s marketing, advertising, or lead generation activities;
- Infringement of any third-party intellectual property right by Client’s content or branding;
- Client’s negligence, fraud, or willful misconduct.
9.2 No Reverse Indemnification
CLIENT EXPRESSLY WAIVES ANY RIGHT TO SEEK INDEMNIFICATION FROM CRE8IVE AI FOR CLAIMS BROUGHT AGAINST CLIENT BY CLIENT’S END USERS, LEADS, CUSTOMERS, OR ANY THIRD PARTY ARISING FROM CLIENT’S USE OF THE WHITE-LABEL PRODUCT OR SERVICES. CRE8IVE AI HAS NO OBLIGATION TO DEFEND, INDEMNIFY, OR HOLD CLIENT HARMLESS WITH RESPECT TO ANY SUCH THIRD-PARTY CLAIMS.
10. Dispute Resolution and Arbitration
10.1 Informal Resolution
Prior to initiating any formal proceeding, the parties shall attempt good-faith informal resolution by written notice describing the dispute and desired relief, followed by thirty (30) days of negotiation.
10.2 Binding Arbitration
All unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Clark County, Nevada. Judgment on the award may be entered in any court of competent jurisdiction.
10.3 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST CRE8IVE AI. ALL DISPUTES MUST BE BROUGHT IN CLIENT’S INDIVIDUAL CAPACITY ONLY.
10.4 Injunctive Relief Exception
Either party may seek emergency injunctive or equitable relief in the state or federal courts of Clark County, Nevada to prevent irreparable harm, without waiving the right to arbitrate.
11. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Nevada, without regard to conflict of law principles. For any matter not subject to arbitration, the parties consent to exclusive jurisdiction in the state and federal courts of Clark County, Nevada.
12. Term and Termination
12.1 Term
This Agreement commences on the Effective Date and continues until terminated by either party as set forth herein.
12.2 Termination for Convenience
Either party may terminate this Agreement with thirty (30) days’ written notice. No refund of prepaid Fees will be issued upon termination for convenience.
12.3 Termination for Cause
Cre8ive AI may terminate immediately upon written notice if Client: (a) materially breaches this Agreement and fails to cure within ten (10) days; (b) fails to pay Fees when due; (c) becomes insolvent or files for bankruptcy; or (d) engages in conduct harmful to Cre8ive AI, other clients, or the Platform.
12.4 Effect of Termination
Upon termination: (a) all licenses immediately terminate; (b) Client must cease all use of the Platform; (c) all outstanding Fees are immediately due; (d) Client may request export of Client Leads within thirty (30) days, after which Cre8ive AI may delete Client data. Sections 7–11 and 13 survive termination.
13. General Provisions
13.1 Entire Agreement
This Agreement, together with all order forms, the Privacy Policy, EULA, Acceptable Use Policy, and Cookie Policy, constitutes the entire agreement between the parties and supersedes all prior agreements on the subject matter hereof.
13.2 Modifications
Cre8ive AI may modify this Agreement with thirty (30) days’ notice via email to Client’s registered address or in-Platform notification. Continued use after the effective date of any modification constitutes acceptance.
13.3 Severability
If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.
13.4 Waiver
Failure to enforce any provision shall not constitute a waiver of that or any other provision.
13.5 Assignment
Client may not assign this Agreement without Cre8ive AI’s prior written consent. Cre8ive AI may assign this Agreement in connection with a merger, acquisition, or sale of assets.
13.6 Force Majeure
Neither party is liable for delays caused by circumstances beyond its reasonable control, including acts of God, government actions, cyberattacks, pandemics, or internet outages, provided prompt written notice is given.
13.7 Notices
All notices shall be in writing and sent to [email protected] or to Client’s registered email address. Notices are deemed received upon confirmed delivery.
13.8 No Third-Party Beneficiaries
This Agreement is for the sole benefit of the parties. No third-party beneficiary rights are created.