CREE8 End User License Agreement (EULA)

Effective Date: May 1, 2024

This End User License Agreement (“Agreement”) is a binding contract between you (“User” or “Customer”) and CREE8 Inc., a Delaware corporation (“CREE8”). By creating an account, accessing, or using the CREE8 Service, you agree to the terms of this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization.

If you or your organization have executed a separate written agreement with CREE8 (such as a Master Subscription Agreement), that agreement governs your use of the Service. If not, this Agreement applies.

1. Use of the CREE8 Service

CREE8 grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the CREE8 Service and related documentation solely for your internal business or creative purposes, in accordance with this Agreement.

You must:

Use the Service only as permitted by law.
Keep your login credentials confidential.
Be responsible for all activity under your account.

You may not:

Share your account or resell access to others.
Copy, modify, or reverse-engineer the CREE8 Service.
Circumvent usage limits or interfere with security features.
Upload unlawful, infringing, or harmful content.

2. Ownership and Intellectual Property

All rights, title, and interest in the CREE8 Service, its software, and related documentation are owned by CREE8 and its licensors.

You retain ownership of all creative content, data, and media you upload or create using the CREE8 Service (“Customer Content”).

By submitting Customer Content, you grant CREE8 a limited, non-exclusive license to host, process, and transmit that content only as necessary to operate and improve the Service.

CREE8 will never use your content for AI or machine learning model training.

3. Privacy and Data Protection

CREE8’s handling of personal data is governed by our Privacy Policy. By using the Service, you consent to those practices.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws.

4. Subscriptions and Billing

Access to certain features or plans may require payment of subscription fees as described during signup or in your CREE8 account.

Fees are billed in advance and are non-refundable unless required by law.
Overage charges apply when usage exceeds plan limits.
CREE8 may suspend access for non-payment.

5. Service Availability and Support

CREE8 aims to maintain 99.5% uptime for the Service, excluding scheduled maintenance.

Support is available through support.cree8.io.

6. Termination

You may stop using the Service at any time.

CREE8 may suspend or terminate your account if you breach this Agreement or misuse the Service. Upon termination:

Your right to access the Service ends immediately.
CREE8 may delete your content after a reasonable retention period or upon your written request.

7. Confidentiality

Any non-public information shared between you and CREE8 must be kept confidential and used only for the purposes of this Agreement.

8. Disclaimers

Except as expressly stated, the CREE8 Service is provided “as is” without warranties of any kind, including merchantability, fitness for a particular purpose, or non-infringement. CREE8 does not guarantee uninterrupted or error-free operation.

9. Limitation of Liability

To the fullest extent permitted by law:

CREE8’s total liability for all claims under this Agreement will not exceed the amount paid by you in the 12 months preceding the claim.
CREE8 will not be liable for indirect, incidental, special, or consequential damages, including lost profits or data.

These limitations reflect a fair allocation of risk and are fundamental to this Agreement.

10. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Delaware, excluding its conflict of laws principles.

Any disputes will be resolved by binding arbitration under JAMS in accordance with its Comprehensive Arbitration Rules.

You and CREE8 agree to waive any right to a jury trial or class action.

11. General

This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire understanding between you and CREE8.
If any part is found unenforceable, the rest remains effective.
CREE8 may update this Agreement by posting a revised version online. Continued use of the Service after such posting constitutes acceptance.

Acceptance

By accessing or using the CREE8 Service, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms.