Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Creaboost software-as-a-service platform and related services (the “Services”) provided by DEEPCASTR SAS / CREABOOST Inc. (“Creaboost”, “we”, “us”, or “our”).

By accessing or using the Services, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, you must not access or use the Services. If you use the Services on behalf of an entity, you represent and warrant that you have authority to bind such entity.

1. Definitions

• “Agreement” means these Terms together with any applicable order form or subscription plan.
• “Applicable Laws” means all applicable laws, regulations, and governmental requirements.
• “Customer Data” means any data, content, or information provided by Customer or accessed on Customer’s behalf through the Services, including data retrieved from Third-Party Products.
• “Personal Data” means personal data as defined under applicable data protection laws.
• “Permitted Users” means individuals authorized by Customer to access the Services.
• “Third-Party Products” means third-party platforms, APIs, or services that interoperate with the Services, including but not limited to Google Ads, Meta Platforms (Facebook, Instagram), TikTok, Shopify, and analytics tools.

2. Access to the Services

2.1 Subscription and License

Subject to compliance with this Agreement, Creaboost grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription term, solely for Customer’s internal business purposes.

2.2 Free Trials

Creaboost may offer free trials at its discretion. Free trials are provided “as is” without warranties. Creaboost may terminate a free trial at any time. Customer Data entered during a free trial may be deleted unless Customer converts to a paid subscription.

3. Use Restrictions

Customer shall not, and shall not permit any Permitted User to:

• Use the Services in violation of Applicable Laws or third-party terms.
• Reverse engineer, decompile, or attempt to derive source code.
• Modify, copy, or create derivative works of the Services.
• Resell, rent, lease, sublicense, or make the Services available to third parties except as expressly permitted.
• Use the Services to build or benchmark a competing product.
• Scrape, crawl, or harvest data from Third-Party Products in violation of their policies.
• Circumvent rate limits, quotas, access controls, or security mechanisms.
• Use the Services for unauthorized surveillance, profiling, or competitive intelligence in violation of platform policies.

4. Customer Data and Ownership

4.1 Ownership

Customer retains all rights in Customer Data. Creaboost retains all rights in the Services, software, documentation, and aggregated or anonymized data.

4.2 Use of Customer Data

Creaboost processes Customer Data solely to:

• Provide, operate, and maintain the Services;
• Generate analytics, reports, and insights requested by Customer;
• Ensure security, compliance, and support;
• Comply with Applicable Laws.

Creaboost does not sell Customer Data.
Customer Data obtained from Third-Party Products is not used for advertising targeting, retargeting, resale, enrichment, or surveillance, and is not used to train generalized AI or machine learning models, except where explicitly configured by Customer and permitted by law.

5. Privacy and Data Protection

Creaboost processes Personal Data in accordance with its Privacy Policy available at https://www.creaboost.com/privacy-policy, which forms an integral part of this Agreement.

Customer represents that it has all necessary rights, consents, and lawful bases to provide Customer Data and to authorize Creaboost to access data from Third-Party Products on its behalf.

Where required by law, the parties shall enter into a data processing addendum governing Creaboost’s role as processor.

6. Security

Creaboost implements commercially reasonable technical and organizational measures designed to protect Customer Data. Customer is responsible for maintaining the confidentiality of login credentials and ensuring authorized use by Permitted Users.

7. Third-Party Products; OAuth Authorization

7.1 Third-Party Products

The Services may interoperate with Third-Party Products. Creaboost does not control and is not responsible for Third-Party Products or their availability.

7.2 OAuth Authorization

Customer may authorize Creaboost via OAuth or similar mechanisms to access data from Third-Party Products. Customer may revoke such authorization at any time through the relevant platform’s settings or within the Services where available.

7.3 Platform Compliance

Customer agrees to comply with all applicable platform terms and developer policies. Access to Third-Party Products may be suspended or revoked by such platforms at any time.

7.4 Google API Services User Data Policy

If the Services access Google APIs, Creaboost’s use and transfer of information received from Google APIs complies with the Google API Services User Data Policy, including the Limited Use requirements.

7.5 Meta Platform Terms

If the Services access Meta Platforms APIs, Customer agrees not to use the Services for prohibited purposes under Meta Platform Terms, including surveillance, enforcement, or discrimination.

8. Fees and Payment

Customer agrees to pay applicable fees according to the selected subscription plan. Fees are non-refundable except as required by law.

9. Confidentiality

Each party shall protect the other party’s confidential information and use it solely for purposes of this Agreement.

10. Termination and Data Deletion

Customer may terminate the Agreement in accordance with the subscription terms. Upon termination or revocation of OAuth authorization, Creaboost will cease accessing relevant Third-Party Product data. Customer may request deletion of Customer Data in accordance with the Privacy Policy and Applicable Laws.

11. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CREABOOST DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREABOOST SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. CREABOOST’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Governing Law

This Agreement is governed by the laws of France, without regard to conflict of laws principles. Courts of Paris shall have exclusive jurisdiction.

14. Miscellaneous

This Agreement constitutes the entire agreement between the parties. Creaboost may update these Terms from time to time with reasonable notice. Continued use of the Services constitutes acceptance of updated Terms.

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