Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of CreativeBuzz ("the Service", "we", "us", or "our"), an AI-powered content generation platform operated by CreativeBuzz, a company registered in England and Wales.

By creating an account, accessing, or using the Service, you ("User", "you", or "your") agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Service.

2. Definitions

• "Content" means any text, data, information, or other material submitted, posted, or displayed through the Service.
• "Generated Content" means any output created by the Service based on your inputs and briefs.
• "Creative Kit" means the complete content package generated by the Service, including hooks, angles, hero content, captions, and calls-to-action.
• "Subscription" means the paid access tier providing enhanced features and usage limits.
• "Brand Voice Profile" means user-created configurations that customise content generation to match specific brand guidelines.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised access or security breach

3.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

4. Service Description and Use

4.1 Service Features

CreativeBuzz provides AI-powered content generation tools that allow you to:

• Generate Creative Kits based on templates and briefs
• Create and manage Brand Voice Profiles (Pro users)
• Save, organise, and export generated content
• Access a library of content templates
• Receive content quality scores and improvement suggestions

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Generate content that infringes upon intellectual property rights of third parties
• Use the Service to create spam, phishing content, or misleading material
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems or software to extract data from the Service (scraping)
• Circumvent or attempt to circumvent usage limits or access restrictions
• Share account credentials or allow unauthorised access to your account
• Use the Service in any way that could damage, disable, or impair the Service

4.3 AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate content. You acknowledge and agree that:

• Generated Content may not always be accurate, complete, or suitable for your specific needs
• You are solely responsible for reviewing, editing, and approving any Generated Content before use
• We do not guarantee that Generated Content will be unique or free from similarity to existing content
• The quality and appropriateness of Generated Content depends significantly on the inputs you provide

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by CreativeBuzz Ltd and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content

You retain ownership of any Content you submit to the Service (such as briefs, Brand Voice Profiles, and other inputs). By submitting Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, and store your Content solely for the purpose of providing and improving the Service.

5.3 Generated Content Ownership

Subject to your compliance with these Terms and any applicable subscription terms:

• You own the Generated Content created through your use of the Service
• You may use Generated Content for any lawful commercial or personal purpose
• We retain no ownership claims over your Generated Content
• You are responsible for ensuring your use of Generated Content does not infringe third-party rights

5.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without compensation to you.

6. Subscription and Payment Terms

6.1 Free Tier

We offer a free tier with limited features and usage allowances. Free tier users may generate up to 3 Creative Kits. Free tier features and limits may change at our discretion.

6.2 Paid Subscriptions

Pro subscriptions provide additional features and increased usage limits. By subscribing, you agree to:

• Pay the applicable subscription fees as displayed at the time of purchase
• Provide accurate billing information
• Authorise us to charge your payment method on a recurring basis

6.3 Billing and Renewal

Subscriptions are billed in advance on a monthly or annual basis, depending on your selection. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

6.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not be charged for subsequent billing periods
• No refunds will be provided for partial billing periods
• Your account will revert to free tier access after the paid period ends

6.5 Refund Policy

In accordance with the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013, you have a 14-day cooling-off period from the date of your first subscription purchase during which you may cancel and receive a full refund. After this period, refunds are provided at our discretion and typically only in cases of technical issues that prevented use of the Service.

6.6 Price Changes

We reserve the right to change subscription prices. Any price changes will be communicated to you at least 30 days before taking effect and will apply from your next billing period.

7. Data Protection and Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

8. Limitation of Liability

8.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We shall not be liable for any temporary unavailability due to maintenance, updates, or circumstances beyond our control.

8.2 Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.3 Limitation of Damages

To the maximum extent permitted by applicable law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, revenue, data, or business opportunities
• Our total aggregate liability shall not exceed the amount you paid us in the 12 months preceding the claim

8.4 Exceptions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless CreativeBuzz Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit, post, or transmit through the Service
• Your use of Generated Content

10. Modifications to the Service and Terms

10.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10.2 Terms Modifications

We may update these Terms from time to time. Material changes will be notified to you via email or through the Service at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

11.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11.3 Alternative Dispute Resolution

In accordance with EU and UK regulations, we are required to inform you that the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We prefer to resolve disputes directly and encourage you to contact us first.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CreativeBuzz Ltd regarding the Service and supersede all prior agreements and understandings.

12.2 Severability

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

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or failure of third-party services.

13. Contact Information

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

• Email: hello@creativebuzz.co