Terms of Service

Effective Date: November 1, 2024

These Terms of Service (this "Agreement") govern your access and use of Crea8ify's design subscription services ("Services") provided through www.crea8ify.online (this "Site").

Crea8ify is a brand operated by SANADS DIGITAL ("we", "us", or "the Company"), a registered business entity in India. By using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

For clarity, all services provided under the Crea8ify brand are legally provided by SANADS DIGITAL

(GST Registration Number: 33KNYPS0412P1Z4).

This Site is controlled and operated by SANADS DIGITAL from our offices within India.

We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We may update this Agreement from time to time. By continuing to use the Services after any update, you accept the update in its entirety. All updates are effective immediately upon posting.

1. Privacy Policy

Our privacy policy, which can be found at www.crea8ify.online/privacy-policy (the "Privacy Policy"), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please discontinue use of this Site immediately. You must be at least age 18 to access this Site.

2. The Services

Subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, with or without notice to you.

You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration on the Site ("Registration Data"); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of your password and identification; (iv) notify us immediately of any unauthorized use of your account; (v) accept all responsibility for any and all activities that occur under your account.

3. Free Trials; Automatic Transition to Paid Subscription

We offer a 7-day free trial subject to this Agreement ("Free Trial"). A Free Trial begins on the date that you register and authorize payment for the selected Service. To start your Free Trial, we require a valid payment method and will charge a minimal authorization amount as per the payment gateway provider's requirements to verify your payment method. This authorization charge will not be used as payment for Services.

If you do not cancel your selected Service before the end of the Free Trial, your account will automatically continue under a standard paid subscription in accordance with the fees and terms specified when you registered. You authorize us to charge your payment method for the subscription fees and applicable taxes from the end of your Trial Period. Your subscription will continue until canceled. Any cancellation request must be submitted at least 5 business days before the end of your current billing cycle to avoid automatic renewal for the next period.

4. Use of the Services

You may use the Services for any number of projects within the scope of your subscribed plan. While we accept unlimited design requests and revisions, our output volume depends on factors including total request volume and complexity. We will work with you to accommodate priority items and timelines, but we suggest not using our Services for time-sensitive projects.

We strive to minimize mistakes in final deliverables.

However, due to the nature of creative design, we cannot guarantee all deliverables will be 100% error-free. When we deliver a file, you agree to review and proof all files for errors or omissions within seven (7) days of receipt. If no feedback is provided within this seven-day period, the design will be considered automatically approved and accepted by the client, and we will proceed with any other pending design requests. We will endeavor to correct any reported mistakes during the seven-day review period. After this time period, while not required, we will try to accommodate correction requests at our discretion.

5. Deliverables and Intellectual Property

5.1 "Deliverables" means content that we develop and provide specifically for you based on your design requests. You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein.

5.2 You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, display, and distribute any Deliverables that we develop in connection with the Services solely for our portfolio, marketing, and promotional purposes.

6. Fees and Payment

6.1 Use of our Services requires payment of recurring fees. You must pay all fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration. All fees are due upon receipt of invoice. You authorize us to charge your payment method for the fees and applicable taxes based upon your chosen billing frequency.

6.2 Overdue charges will accrue interest at the rate of 1.5% of the outstanding balance monthly, or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate your account for non-payment.

6.3 All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in the Trial Period section. You may cancel your subscription with us at any time, provided that such cancellation request is submitted at least 5 business days before the end of your current billing cycle.

7. Confidential Information

7.1 "Confidential Information" means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, development, design details and specifications, and marketing plans.

7.2 Each party agrees to hold in confidence and not disclose to any third party any Confidential Information of the other party, except as approved in writing by the other party, and will use the Confidential Information for no purpose other than as expressly allowed under this Agreement.

7.3 The confidentiality obligations under this Agreement will survive for three (3) years after the termination of this Agreement.\

8. Term and Termination

8.1 This Agreement will remain in effect until terminated by either party. We may terminate this Agreement at any time upon notice if you default or breach this Agreement.

8.2 Upon termination:

- All rights under this Agreement will immediately terminate

- You will lose access to the Services and your account

- Any outstanding fees will become immediately due

- All unpaid invoices must be settled

9. Disclaimer of Warranties

9.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Liability Waiver

10.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE LAST MONTH, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

11. Indemnification

11.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES OR VIOLATION OF THESE TERMS.

12. Disputes Resolution and Choice of Forum

12.1 This Agreement is governed by, and construed in accordance with, the laws of India. Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in courts of Chennai, Tamil Nadu. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

13. Assignment

13.1 You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, reorganization, or sale of our assets or business.

14. Force Majeure

14.1 We shall not be liable for any failure to perform our obligations where such failure is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

15. Severability

15.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

16. Entire Agreement

16.1 This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter.

17. Contact Information

For any questions about these Terms of Service, please contact us at:

Email: sandeep@sanads.digital

SANADS DIGITAL

No.13, Bhavananthiyar 5th cross street

Sembakkam, Chennai - 600073

Tamil Nadu, India

GST: 33KNYPS0412P1Z4