Terms of Service
Please read these terms carefully before using the CreaBoost platform. By accessing or using our services, you agree to be bound by these terms.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, “your”) and DEEPCASTR SAS, a company incorporated under French law, operating under the commercial name Creaboost (“Creaboost”, “we”, “us”, “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Definitions
- “Agreement” means these Terms and any applicable subscription or order form.
- “Services” means the Creaboost platform, including all features, modules, APIs, integrations, and related services.
- “Customer Data” means any data, content, or information provided, uploaded, or accessed by Customer through the Services.
- “Permitted Users” means individuals authorized by Customer to access the Services.
- “Third-Party Products” means third-party platforms or services (including Meta, TikTok, Google, Shopify, etc.).
- “Generative AI” means any functionality that generates content (text, images, video, or other outputs) based on user inputs.
2. About the Services
Creaboost is a software-as-a-service platform that enables users to:
- discover and analyze advertising creatives,
- generate creatives using artificial intelligence,
- measure and optimize marketing and creative performance.
The Services may include browser extensions, APIs, and integrations with third-party advertising libraries and platforms.
3. Account Registration and Use
To use the Services, you must:
- be at least 18 years old;
- provide accurate, complete, and up-to-date information;
- maintain the confidentiality of your login credentials.
Accounts are personal and non-transferable, and not shareable except through authorized workspace access.
If you use the Services on behalf of a company, you represent and warrant that you have authority to bind that entity, and the entity is jointly and severally liable under this Agreement.
You agree not to create multiple accounts to circumvent usage limits, pricing, or restrictions. We may suspend or terminate accounts that violate this policy.
4. Subscription and Billing
Access to the Services requires a paid subscription unless otherwise stated.
- Subscriptions are billed in advance on a recurring basis (monthly, quarterly, or yearly).
- All fees are non-refundable, except where required by law.
- Subscription terms, pricing, and features are described on our website and may be updated from time to time.
Creaboost may change pricing with reasonable notice, suspend access in case of non-payment, or modify/discontinue features.
5. Availability
We aim to provide a high level of availability but do not guarantee uninterrupted or error-free operation. The Services may be unavailable due to maintenance, technical issues, third-party failures, or force majeure events.
6. Intellectual Property
6.1 Creaboost IP
Creaboost retains all rights, title, and interest in and to the Services; software, models, algorithms; UI/UX, documentation, and infrastructure. No rights are granted except as expressly set forth in this Agreement.
6.2 Customer Data
Customer retains all rights in Customer Data. Customer grants Creaboost a limited, non-exclusive, worldwide, royalty-free license to host, process, analyze, and display Customer Data solely for the purpose of providing the Services.
6.3 Strict Data Use Commitment
Creaboost strictly commits that it:
- Does not sell Customer Data;
- Does not use Customer Data for advertising targeting or resale;
- Does not train any generalized AI or machine learning models on Customer Data, under any circumstances.
6.4 Third-Party Content
The Services may display content sourced from third-party platforms (e.g., ad libraries). Creaboost does not own such content. Use outside the Services must respect applicable intellectual property laws.
6.5 Feedback
Any feedback, suggestions, or feature requests provided by you become the exclusive property of Creaboost and may be used without restriction or compensation.
7. Generative AI Services
The Services may include Generative AI features. Due to the nature of machine learning, special conditions apply:
7.1 No Warranty
Generative AI outputs may be inaccurate, incomplete, or biased; may infringe third-party rights; and are provided “as is” with no warranty.
7.2 User Responsibility
You are solely responsible for prompts submitted, outputs generated, and how such outputs are used.
7.3 Prohibited Uses
You agree not to use Generative AI to infringe intellectual property rights; generate misleading or unlawful content; or impersonate or deceive.
7.4 Full Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Creaboost from any claim arising from:
- AI-generated content
- Misuse of outputs
- Infringement or unlawful use
8. Data Protection and Privacy
Creaboost processes Personal Data in accordance with its Privacy Policy. You represent that you have all necessary rights and legal bases, and you have obtained required consents. Where required, a Data Processing Agreement may apply.
9. Third-Party Products and APIs
9.1 No Control
Creaboost is not responsible for Third-Party Products or their availability, accuracy, or compliance.
9.2 OAuth Authorization
You may grant access to third-party data via OAuth. You may revoke access at any time; functionality may be impacted as a result.
9.3 Platform Compliance
You agree to comply with all applicable third-party terms, including Meta Platform Terms, Google API Services User Data Policy, TikTok and others. You may not use the Services for surveillance, profiling individuals, enforcement or discriminatory purposes, or any prohibited use under platform policies.
10. Acceptable Use
You must not:
- violate laws or third-party rights;
- reverse engineer or copy the Services;
- build a competing product;
- resell or provide access to third parties;
- scrape or extract data unlawfully;
- bypass security or rate limits;
- introduce malicious code;
- engage in fraud, phishing, or spam;
- upload unlawful or infringing content.
11. Confidentiality
Each party agrees to protect confidential information and use it solely for purposes of this Agreement.
12. Termination
You may cancel your subscription at any time. Access continues until the end of the billing period.
Creaboost may suspend or terminate for breach of these Terms, for non-payment, or for legal or security risks.
13. Disclaimer
The services are provided “as is” and “as available”.
To the maximum extent permitted by law, Creaboost disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Creaboost shall not be liable for indirect, incidental, or consequential damages;
- Total liability shall not exceed the fees paid in the 12 months preceding the claim.
This limitation applies regardless of the legal theory.
15. Governing Law
These Terms are governed by the laws of France.
Exclusive jurisdiction: Courts of Paris
16. General
- Creaboost may update these Terms with reasonable notice.
- Continued use constitutes acceptance of the updated Terms.
- Invalid provisions do not affect the remainder of the Agreement.
- No partnership or employment relationship is created by this Agreement.