Terms of Service

Last updated: February 9, 2026

1. Acceptance of Terms

Welcome to Creatr.ai! These Terms of Service ("Terms") govern your use of the Creatr.ai mobile application and related services (collectively, the "Service") operated by Creatr.ai Inc. ("we," "us," or "our"), a company registered at [TODO - Add Business Address].

By downloading, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access the Service. If you are accessing the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Creatr.ai is an AI-powered content creation platform that helps users generate social media post ideas, captions, and hashtags based on their photos, text prompts, and preferences. Our Service includes:

  • Photo analysis using Google Gemini AI models
  • AI-generated post ideas, captions, and hashtags
  • Text prompt-based content generation
  • Story boost and throwback content suggestions
  • Multi-platform content optimization (Instagram, TikTok, Twitter, LinkedIn, Facebook)
  • Content library for saving and organizing generated content

Important: When you use Photo Scan, your photos are transmitted to Google's Gemini AI service for analysis. Please review our Privacy Policy for complete details on how your photos are processed.

3. Eligibility and Age Requirements

You must be at least 16 years old to use Creatr.ai. By creating an account, you represent and warrant that:

  • You are at least 16 years of age
  • You will provide your true and accurate date of birth during registration
  • You understand that providing false age information is a violation of these Terms and may result in immediate account termination

We require date of birth verification during signup to comply with applicable child protection laws. Users under 16 are not permitted to create accounts or use our services under any circumstances.

4. User Accounts

4.1 Account Creation

  • You must meet our age eligibility requirements (16+)
  • You must provide accurate and complete information, including your real name, valid email address, and true date of birth
  • You may register using email/password, Google Sign-In, or Apple Sign-In
  • You may only create one account per person

4.2 Account Security

  • You are responsible for maintaining the confidentiality of your login credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately at support@creatr.ai if you become aware of any unauthorized access to your account
  • We are not liable for losses arising from unauthorized use of your account where you have failed to maintain credential security

4.3 Account Responsibilities

  • You may not share your account with others or allow others to access the Service through your account
  • You must comply with all applicable laws and regulations in your jurisdiction
  • You are responsible for all content you upload and all generated content you publish

5. Subscription and Payment Terms

5.1 Subscription Plans

  • Free Plan: 30 boosts per month, Instagram & Facebook platforms, 3 ideas per scan
  • Pro Plan ($9.99/month): 200 boosts per month with rollover, all platforms, 3 ideas per scan
  • Pro+ Plan ($29.99/month): 1,500 boosts per month with rollover, all platforms, 5 ideas per scan, Deep Scan mode, enhanced AI model

5.2 Boost System

Boosts are virtual credits consumed when using content generation features:

  • Text Prompt: 2 boosts | Photo Scan: 5 boosts | Auto Ideas: 3 boosts | Throwback: 2 boosts | Deep Scan: 15 boosts | Reroll/Unlock: 1 boost
  • Free tier boosts reset monthly and do not roll over
  • Pro and Pro+ tier unused boosts roll over to the next billing period
  • Upon downgrade, your boost balance resets to the new tier's monthly allocation
  • Purchased boost packs (consumable) never expire and are retained upon downgrade
  • Boosts have no cash value and cannot be transferred, sold, or redeemed for cash

5.3 Boost Packs (Consumable Purchases)

  • 10 boosts: $1.99
  • 50 boosts: $4.99
  • 125 boosts: $9.99

5.4 Payment and Billing

  • Subscriptions are billed monthly or annually in advance through Apple App Store or Google Play Store
  • Payments are processed exclusively by Apple or Google; we do not receive or store your payment card information
  • Prices are in USD and are subject to change with at least 30 days' notice via email and/or in-app notification
  • Applicable taxes may be added to stated prices depending on your jurisdiction

5.5 Cancellation

  • You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings
  • Cancellation takes effect at the end of your current billing period
  • You retain access to paid features until the end of your current billing period
  • After cancellation, your account reverts to the Free plan and your boost balance resets to the Free tier allocation

5.6 Refunds

  • Refund requests for subscriptions should be directed to Apple App Store or Google Play Store, as they process all payments
  • Boost pack purchases are non-refundable once boosts have been consumed
  • We comply with all applicable consumer protection laws regarding refunds

5.7 EU Withdrawal Rights

If you are a consumer located in the European Union, you have the right to withdraw from a digital purchase within 14 days of the transaction date, in accordance with the EU Consumer Rights Directive (2011/83/EU):

  • You may request a full refund within 14 days of purchase if you have not used any boosts or generated any content during that period
  • By actively using the Service after purchase (e.g., generating content, spending boosts), you acknowledge that digital content delivery has begun and you expressly consent to waive your withdrawal right for that billing period
  • To exercise your withdrawal right, contact legal@creatr.ai or request a refund through the Apple App Store or Google Play Store
  • Approved refunds will be processed through the original payment method within 14 days

6. User Content and Conduct

6.1 Your Content

  • You retain full ownership of all photos and content you upload to the Service
  • By using the Service, you grant us a limited, non-exclusive, revocable license to process your content solely for the purpose of providing the Service (i.e., transmitting to AI for analysis and generating content suggestions). This license terminates when you delete your account
  • You represent and warrant that you have all necessary rights, licenses, and permissions for any content you upload
  • You must not upload content that infringes any third party's intellectual property rights, privacy rights, or other legal rights

6.2 AI-Generated Content

Please read this section carefully. All content generated by Creatr.ai (including post ideas, captions, hashtags, and story suggestions) is created using Google Gemini artificial intelligence models. You acknowledge and agree that:

  • Machine-Generated: Generated content is produced by AI algorithms and is not written, reviewed, edited, or approved by humans before being shown to you
  • Not Guaranteed Accurate: AI may produce content that is factually incorrect, culturally insensitive, misleading, or otherwise inappropriate. AI-generated content may contain errors, biases, or hallucinated information
  • Your Responsibility to Review: You must carefully review, fact-check, and edit all generated content before posting to any social media platform or using for any purpose
  • Not Our Endorsement: Generated content does not represent the views, opinions, or endorsements of Creatr.ai Inc.
  • Intellectual Property Risk: AI-generated content may inadvertently reproduce or closely resemble copyrighted material, trademarks, slogans, or other protected content. You are solely responsible for verifying that generated content does not infringe any third party's intellectual property rights before use
  • Defamation and Accuracy: AI may generate captions or content that contain inaccurate statements about real people, places, or events. You must verify all factual claims before publishing. You assume full liability for any defamation, privacy, or other claims arising from your publication of AI-generated content
  • Platform Compliance: Different social media platforms have varying policies regarding AI-generated content, disclosure requirements, and acceptable use. You are solely responsible for compliance with each platform's terms when posting generated content
  • No Guarantee of Originality: We do not guarantee that generated content is unique or original. Similar or identical content may be generated for other users who provide similar inputs
  • No Professional Advice: Generated content is for social media posting purposes only and does not constitute professional, legal, medical, financial, or other expert advice

6.3 Content License

  • You may use AI-generated content for personal and commercial social media purposes
  • You may not resell, sublicense, or redistribute AI-generated content as a standalone product or service
  • We retain no ownership claim over AI-generated content produced for you

6.4 Data Export and Portability

You have the right to export your personal data at any time. Creatr.ai provides an in-app data export feature (Profile > Export Data) that allows you to download all your data in JSON format, including account information, generated content, preferences, boost history, and usage data.

6.5 Prohibited Uses

You may not use our Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload content containing child sexual abuse material (CSAM) or content that exploits minors
  • Generate or distribute spam, misleading content, or disinformation campaigns
  • Create content that is harassing, threatening, defamatory, or promotes violence or hatred
  • Infringe on intellectual property rights of others
  • Attempt to reverse engineer, decompile, disassemble, or hack our systems, AI models, or security measures
  • Use automated tools, bots, or scripts to access the Service or circumvent usage limits
  • Resell, redistribute, or white-label our Service or generated content as a competing product
  • Upload content that contains personally identifiable information (PII) of others without their consent
  • Circumvent content moderation or safety filters
  • Create multiple accounts to evade restrictions or abuse the boost system

7. Intellectual Property Rights

7.1 Our Rights

  • We own all rights, title, and interest in the Creatr.ai application, technology, branding, design, and documentation
  • Our AI integration, content moderation system, and algorithms are proprietary
  • The Creatr.ai name, logo, and associated trademarks are our property
  • You may not copy, modify, distribute, sell, or create derivative works of our software, except as expressly permitted by these Terms

7.2 Your Rights

  • You retain ownership of all original photos and content you upload
  • You may use AI-generated content for personal and commercial social media purposes (subject to Section 6.2)
  • You may not claim ownership of our AI technology, models, prompts, or underlying systems

7.3 DMCA and Copyright Claims

If you believe content available through our Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to legal@creatr.ai with the following information: identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief, a statement under penalty of perjury, and your physical or electronic signature.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms by reference and explains in detail how we collect, use, store, and protect your data. Key points include:

  • Photos you scan are transmitted to Google Gemini AI for analysis and are not permanently stored on our servers
  • We collect account information, usage data, and content preferences to provide the Service
  • Payment processing is handled by Apple/Google; we never receive your payment card details
  • You can export all your data and delete your account at any time
  • We do not sell your personal information

9. Service Availability and Modifications

9.1 Service Availability

  • We strive to maintain high service availability but do not guarantee uninterrupted, error-free, or continuous access to the Service
  • The Service depends on third-party infrastructure (Supabase, Google Gemini AI, Apple/Google payment systems) that is outside our direct control
  • Scheduled maintenance will be communicated in advance when reasonably possible
  • We are not liable for service interruptions caused by events beyond our reasonable control (force majeure), including natural disasters, internet outages, third-party service failures, or government actions

9.2 Service Modifications

  • We may modify, update, or discontinue features at any time to improve the Service
  • We will provide at least 30 days' notice of material changes that negatively affect core functionality or pricing
  • If a material change renders the Service substantially different from what you subscribed to, you may cancel for a pro-rata refund of your remaining subscription period
  • We may add new features, change AI models, or adjust boost costs with reasonable notice

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

Without limiting the foregoing, we specifically disclaim any warranty that:

  • AI-generated content will be accurate, original, non-infringing, or suitable for any particular purpose
  • The Service will meet your specific requirements or expectations
  • Content moderation will catch all inappropriate, harmful, or infringing content
  • The Service will be uninterrupted, timely, secure, or error-free
  • Generated content will achieve any particular result on social media platforms

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total amounts paid by you to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100)
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, reputation, or business opportunities
  • We are not responsible for any claims, damages, or losses arising from your use of AI-generated content, including defamation claims, intellectual property infringement, or platform penalties
  • We are not liable for actions or omissions of third-party service providers (Google, Apple, Supabase, RevenueCat)

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

10.3 Exceptions

The limitations in Section 10.2 do not apply to: (a) our gross negligence or willful misconduct, (b) death or personal injury caused by our negligence, (c) fraud or fraudulent misrepresentation, or (d) any liability that cannot be limited or excluded by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Creatr.ai Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service, including any content you upload or generate
  • Your violation of these Terms or any applicable law
  • Your publication or distribution of AI-generated content, including any resulting defamation, intellectual property infringement, or privacy claims
  • Your violation of any third party's rights
  • Any claim by a third party related to content you posted on social media using our generated content

This indemnification obligation does not apply to EU/UK consumers to the extent prohibited by applicable consumer protection law.

12. Termination

12.1 Termination by You

  • You may terminate your account at any time through the app (Profile > Delete Account) or by contacting support@creatr.ai
  • Upon termination, your subscription continues until the end of the current billing period, then cancels
  • All your personal data will be deleted within 30 days of account termination, except where retention is required by law
  • Purchased but unconsumed boost packs are forfeited upon account termination and are non-refundable

12.2 Termination by Us

  • We may suspend or terminate your account immediately for serious violations of these Terms (e.g., uploading illegal content, circumventing security measures)
  • For less severe violations, we will provide written notice and a reasonable opportunity to cure before termination
  • We may suspend service for non-payment (failed subscription renewal)
  • We may discontinue the Service entirely with at least 60 days' notice to all users
  • If we terminate the Service entirely, active subscribers will receive a pro-rata refund for their remaining subscription period

12.3 Effect of Termination

Sections that by their nature should survive termination will survive, including: Intellectual Property (Section 7), Disclaimers and Limitations of Liability (Section 10), Indemnification (Section 11), and Dispute Resolution (Section 13).

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@creatr.ai and attempt to resolve the dispute informally for at least 30 days.

13.3 Binding Arbitration (US Users)

For users located in the United States:

  • Any dispute not resolved informally will be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under the Consumer Arbitration Rules
  • Arbitration will be conducted in English, and the arbitrator's decision will be final and binding
  • Class Action Waiver: You and Creatr.ai agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative proceedings
  • Small Claims Exception: Either party may bring qualifying claims in small claims court as an alternative to arbitration
  • We will pay all AAA filing fees and arbitrator costs for claims under $10,000, unless the arbitrator determines the claims are frivolous

13.4 EU/UK Consumer Rights

If you are a consumer resident in the European Union or United Kingdom:

  • The mandatory arbitration clause and class action waiver in Section 13.3 do not apply to you
  • You retain the right to bring claims in the courts of your country of residence
  • Nothing in these Terms limits your statutory consumer rights under applicable EU or UK law, including the Consumer Rights Directive (2011/83/EU) and the Unfair Contract Terms Directive (93/13/EEC)
  • You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
  • Mandatory consumer protection laws of your country of residence will apply to the extent they provide greater protection than Delaware law

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Creatr.ai Inc. regarding the Service and supersede all prior agreements, communications, and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

14.4 Assignment

We may assign or transfer these Terms and our rights and obligations to any successor, affiliate, or acquirer in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, provided that the assignee agrees to be bound by these Terms. You may not assign or transfer your rights under these Terms without our prior written consent.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications failures, power outages, or third-party service provider outages.

14.6 Notices

We may provide notices to you via email to your registered address, in-app notifications, or by posting on our website. You may provide notices to us at legal@creatr.ai. Notices are deemed received when sent via email (upon sending), when displayed in-app (upon display), or when posted on the website (upon posting).

14.7 Updates to Terms

We may update these Terms from time to time. Material changes will be communicated through email and/or in-app notification at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and may delete your account before the effective date.

15. Contact Information

If you have questions about these Terms, please contact us:

  • Legal: legal@creatr.ai
  • Support: support@creatr.ai
  • Privacy: privacy@creatr.ai
  • Address: Creatr.ai Inc., [TODO - Add Business Address]