Terms of Service — Creofy

1. Acceptance of Terms

By creating an account or using Creofy ("the Service", "we", "us", or "our"), you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you are using Creofy on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and all references to "you" include that entity. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy, Cookie Policy, and Acceptable Use Policy by reference. In the event of a conflict, these Terms prevail.

2. The Service

Creofy is an AI-powered creator intelligence platform that enables content creators, brands, and agencies to create, schedule, and publish AI-generated content — including synthetic images, videos, avatars, and voice — for social media and marketing campaigns. Features include AI image and video generation, avatar video creation, voice synthesis, brand deal management, influencer identity management, and social media publishing.

Creofy relies on third-party AI providers to generate content. The quality, availability, and characteristics of generated content depend on those providers and may change over time. We do not guarantee that outputs will meet any specific standard, be unique to you, or be free from third-party intellectual property claims.

3. Eligibility

You must be at least 18 years old to use Creofy. By using the Service, you represent that you are 18 or older, have the legal capacity to enter into a binding contract, and are not barred from using the Service under the laws of your jurisdiction.

4. Account Responsibilities

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You must promptly notify us at support@creofy.io of any unauthorised access to your account.
You may not share your account with others or create multiple accounts for the same individual.
You must provide accurate, current, and complete information when registering and keep it up to date.

5. Workspace & Agency Accounts

Agency and Pro plans allow multiple users to collaborate within a shared workspace. The workspace owner ("Admin") is responsible for:

Ensuring that all workspace members comply with these Terms.
Managing access and removing members who no longer require access.
All content generated or published by workspace members.
Subscription billing for the workspace plan.

Members added to a workspace must individually agree to these Terms. The Admin is solely responsible for inviting only authorised individuals and for their members' compliance. Creofy is not liable for disputes between workspace members or between an Admin and their team.

6. Acceptable Use

You agree not to use Creofy to:

Generate, publish, or distribute content that is unlawful, defamatory, harassing, threatening, obscene, or that violates any third-party rights.
Create deepfakes or realistic synthetic depictions of real, identifiable people without their explicit written consent.
Generate non-consensual intimate imagery (NCII) or sexual content involving any person without verified consent.
Impersonate public figures, celebrities, or any other person in a manner intended to deceive.
Make false, misleading, or unsubstantiated claims about real people, products, or services.
Violate the terms of service of any connected platform (Instagram, YouTube, TikTok, etc.).
Attempt to circumvent technical restrictions, rate limits, or content filters.
Use the Service to train, fine-tune, or benchmark competing AI models.
Engage in spam, phishing, or any other deceptive practice.
Use the Service for any purpose that violates applicable laws or regulations.

Violation of this section may result in immediate account suspension or termination without refund. We reserve the right to remove content that violates this policy.

7. AI-Generated Content & Intellectual Property

Your content

You retain ownership of content you upload to Creofy ("Input"), including images, scripts, and brand assets. By uploading Input, you grant Creofy a limited, non-exclusive, royalty-free licence to store, process, and use your Input solely to provide the Service to you. We do not use your Input to train our own AI models.

AI-generated outputs

Subject to your compliance with these Terms and payment of applicable fees, you own the AI-generated content produced through your use of Creofy ("Output"), to the extent permitted by law and the terms of the underlying AI providers. You acknowledge that:

Outputs may not be unique. The same or similar outputs may be generated for other users using similar prompts. We make no exclusivity guarantee.
Ownership of AI-generated content is evolving. Laws regarding copyright in AI-generated works vary by jurisdiction. We recommend independent legal advice for commercial exploitation.
You are responsible for ensuring your Outputs do not infringe third-party intellectual property, likeness, or privacy rights before using them commercially.
Third-party provider terms apply. Outputs generated via Fal.ai, Runway, HeyGen, ElevenLabs, and other providers are also subject to those providers' terms of service.

Creofy's intellectual property

All rights in the Creofy platform, brand, software, and documentation remain with Creofy. These Terms do not transfer any intellectual property rights to you except the limited licence to use the Service.

Real person likenesses

You must not use Creofy to generate content depicting a real, identifiable person without holding appropriate rights or explicit written consent from that person. You bear sole responsibility for obtaining and documenting any necessary consents, releases, or licences before using such content commercially or publicly.

8. AI Disclosure Obligations

Where required by law (including the EU AI Act, FTC guidelines, and applicable platform policies), you must clearly disclose when content published through Creofy is AI-generated. This includes using in-caption disclosures (e.g. #AIGenerated, #AIContent, or platform-native AI labels) when publishing synthetic imagery, video, or audio depicting realistic persons.

Creofy provides disclosure tools and reminders to help you comply, but you are ultimately responsible for ensuring your published content meets applicable disclosure requirements. Failure to disclose AI-generated content as required by law is a breach of these Terms.

9. Social Media Publishing

When you connect a social media account, you authorise Creofy to publish content to that account on your explicit instruction (scheduled or manual publish). We do not publish content without your authorisation. You remain solely responsible for all content published, including its compliance with the terms and community guidelines of the destination platform.

Social media platforms may change their APIs, policies, or permissions at any time. We are not liable for any disruption to publishing functionality caused by third-party platform changes.

10. Subscriptions, Credits & Billing

Subscriptions auto-renew at the end of each billing period (monthly or annual) until you cancel. Cancel any time from Settings → Billing to stop the next renewal.
Credits are consumed when you use AI generation features, according to the rates published on our Pricing page. Credits are non-transferable between accounts.
Unused credits from a subscription cycle do not roll over to the next cycle unless stated otherwise on your plan. Top-up credits purchased separately expire 12 months from the date of purchase.
Price changes will be communicated with at least 30 days' notice to existing subscribers and will take effect at the next renewal after the notice period.
Failed payments may result in suspension of AI generation features. We will notify you and provide a grace period to update your payment method.
All fees are in USD unless otherwise stated. You are responsible for any applicable taxes in your jurisdiction.

11. Refunds & Cancellation

Subscription fees and credits are generally non-refundable except where required by applicable law. If you cancel a subscription, you retain access to your plan features until the end of the current billing period.

UK and EU consumers:You have a statutory right to cancel a subscription within 14 days of purchase (the "cooling-off period") without giving a reason, unless you have already used the service during that period (e.g. generated content or consumed credits), in which case you may be charged for the portion of the service already delivered. To exercise this right, contact us at support@creofy.io within 14 days of purchase.

Refund requests for exceptional circumstances (billing errors, platform outages exceeding 48 hours) are reviewed on a case-by-case basis. Contact support@creofy.io.

12. Third-Party Services & AI Providers

Creofy integrates with third-party AI providers (Fal.ai, Runway, HeyGen, ElevenLabs, OpenAI, Replicate), social platforms (Instagram, YouTube, TikTok), and infrastructure providers. Use of these integrations is subject to those providers' own terms and policies.

We are not responsible for: (a) changes to third-party APIs, pricing, or policies that affect the Service; (b) the quality, accuracy, or legality of outputs from third-party AI models; or (c) downtime or errors caused by third-party providers. We will endeavour to communicate any significant third-party changes that affect your use of Creofy.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses, that AI-generated outputs will meet your requirements or be legally usable in your jurisdiction, or that third-party AI providers will remain available.

Nothing in these Terms affects your statutory rights as a consumer under applicable law, which cannot be excluded or limited.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Creofy's total aggregate liability for all claims arising from or relating to these Terms or the Service is limited to the greater of: (a) the total fees you paid to Creofy in the 12 months preceding the claim, or (b) £100 GBP.

In no event will Creofy be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business, or reputational damage — even if Creofy has been advised of the possibility of such damages.

UK and EU consumers: These limitations do not affect your statutory consumer rights or our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

15. Indemnification

You agree to indemnify and hold harmless Creofy and its officers, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) content you generate, upload, or publish through Creofy; (c) your violation of any third-party rights, including intellectual property, privacy, or likeness rights; or (d) your violation of any applicable law.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or if we reasonably believe your use of the Service poses a legal, security, or reputational risk. In cases of serious violations (e.g. NCII, impersonation, or unlawful content), termination is immediate.

You may cancel your account at any time from Settings → Account. Upon termination: your right to use the Service ceases; your data will be deleted according to our retention policy (see Privacy Policy); unused subscription time will not be refunded (except where required by law); and Sections 6, 7, 13, 14, 15, 17, and 18 survive termination.

17. Governing Law

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

EU residents: You may also benefit from mandatory provisions of the consumer protection laws of your country of residence, which these Terms do not limit.

18. Dispute Resolution

We encourage you to contact us first at support@creofy.io to resolve any dispute informally. We will make a good-faith effort to resolve your concern within 30 days.

UK and EU users: If we cannot resolve a dispute informally, it shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that you may bring proceedings in the courts of your country of residence if you are a consumer.

US users: If we cannot resolve a dispute informally, any claim shall be resolved by binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, except either party may seek injunctive relief in court. You waive the right to participate in class action lawsuits or class-wide arbitration. To opt out of arbitration, send written notice to support@creofy.io with the subject line "Arbitration Opt-Out" within 30 days of first creating your account.

19. General Provisions

Entire agreement: These Terms (including incorporated policies) constitute the entire agreement between you and Creofy regarding the Service and supersede any prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights to a successor entity in connection with a merger, acquisition, or sale of assets.
Force majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including third-party AI provider outages, internet disruptions, or acts of government.
Notices: We will provide notices to you via email or in-app notification. Notices to us must be sent to support@creofy.io.

20. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least 14 days before the changes take effect. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of Creofy after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service before the effective date.

21. Contact

Questions about these Terms? Contact us at: support@creofy.io