CreVibe-Terms of Service

Effective Date: 28 August 2025

The Terms of Service ("ToS") is entered into by and between CreVibe ("CreVibe," "we," "our," or "us") and the individual agreeing to these terms (the "Customer," "You" or "Your"), and governs the Customer's use of our services. These ToS explain your rights regarding any images, videos, and other assets you may generate using the Services, as well as prompts you may enter. They also cover your responsibilities and other important legal matters.

The ToS become effective on the date you are first presented with them and proceed to use the Services (the "Effective Date"). The ToS may be updated and presented again to you from time to time. Continued use of the Service constitutes acceptance of the updated terms. If You do not agree to this ToS, please stop using the Services.

1. Eligibility and Account Responsibilities

1.1. You shall be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only under supervision of a parent or legal guardian.

1.2. An account is required to access and use certain features of the Services of CreVibe. You may need to register or create an account on the Services ("Account") and provide certain information about yourself as prompted by the account registration form, including, but not limited to, an email address, phone number and password. You agree to provide information required for your use of the Services and to update such information so it remains true, accurate, current, and complete.

1.3. You are solely responsible for maintaining the Account confidentiality and all activities under your Account. You agree to immediately notify CreVibe of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. You agree not to create an Account using a false identity or false information or on behalf of an individual other than yourself. CreVibe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Description of Services

2.1. CreVibe provides an integrated platform that enables Users to generate, edit, and customize multimedia content—including but not limited to images, videos, and animations—using artificial intelligence and machine learning technologies. The Services allow users to create, remix, and publish content privately or within the platform's public and semi-public communities.

2.2. As part of your use of the Services, you may upload, submit, or otherwise provide text prompts, reference materials, source files, and output assets (collectively, "Content"). This also encompasses any content you make available for the purpose of generating, modifying, or sharing content through the CreVibe platform.

2.3. You are solely responsible for your use of the Services and for all Content you create or share. You shall ensure that such use complies with all applicable local, national, and international laws and regulations, including those related to intellectual property, data protection, privacy, content moderation, and export control. CreVibe does not assume any responsibility for your compliance obligations. CreVibe does not guarantee that the Services or generated Content are appropriate or legally available in your jurisdiction.

2.4. CreVibe reserves the right to modify, suspend, or discontinue any part of the Services at any time, including but not limited to functionality, access permissions, or community features, with or without prior notice, and without liability to you or any third party.

2.5. Certain features or types of Content may be restricted, blocked, or modified in specific jurisdictions to comply with local laws, app store requirements, or cultural sensitivities. CreVibe reserves the right to geo-block, restrict, or localize Service functionality without prior notice to ensure compliance.

3. Service Access and Subscription

3.1. Points-Based Service Access

CreVibe operates on a points-based access model. Users consume Points to generate images, videos, and other Content through the Services. Points can be obtained by:

Purchasing point packages through one-time payments;

Subscribing to membership plans (monthly, yearly, or as otherwise offered), which may include recurring Points or other benefits;

Earning Points through activities or tasks published by CreVibe (such as content creation challenges, promotional campaigns, or other programs) ("Platform Tasks").

The amount of Points required for each type of Content, the exchange rate between currency and Points, and the rules for earning or using Points may be updated or adjusted at CreVibe's discretion.

By purchasing or earning Points, you agree to pay all applicable fees ("Fees") using a valid payment method. All Fees are non-refundable except as required by law. CreVibe reserves the right to change prices, Points consumption rules, or billing methods at any time with notice (e.g., posting in-app or email).

If you subscribe to a membership plan, it will automatically renew at the then-current rate unless you cancel auto-renewal according to the subscription terms. Cancellation stops future renewals, but no partial or prorated refunds will be provided for the remaining period.

3.2. Promotional Offers

CreVibe may from time to time provide promotional offers, such as bonus Points, discounted packages, free trial access, or other benefits ("Promotional Offers"). These offers are temporary, subject to specific terms announced by CreVibe, and may not be combined with other offers unless explicitly stated.

3.3. Incentive and Reward Programs

CreVibe may launch incentive programs to encourage content creation, participation, or engagement ("Incentive Programs"). These programs are optional and governed by separate terms ("Program Policy"), which may specify eligibility, reward types, distribution methods, and other conditions. Rewards may include Points, bonus content access, or other benefits.

CreVibe has full discretion to modify, suspend, or terminate any Incentive Program, interpret Program Rules, or withhold rewards in cases of abuse, fraud, or violation of the Terms. Platform Tasks and rewards may be adjusted or discontinued without prior notice.

3.4. Payments and Processors

CreVibe uses third-party payment processors, such as Stripe, PayPal, and in-app purchase services provided by Apple App Store and Google Play, to handle transactions. By purchasing through the Services, you agree to comply with the applicable payment processor's terms and privacy policies and authorize the sharing of necessary payment information to complete your transactions. You shall ensure that all payment information provided is accurate, current, and complete.

4. Content and Ownership

4.1. Responsibility for Content

You represent that you own or have appropriate rights to any Content you use with the Services. You assume all risks associated with the use of your Content, including any reliance on its accuracy, completeness, or usefulness by others, or any potential copyright infringement claims from third parties or any disclosure of your Content that personally identifies you or any third party.

YOU ACKNOWLEDGE AND AGREE THAT CreVibe MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU OWN ANY LEGAL RIGHTS OR COPYRIGHTS TO THE CONTENT YOU UPLOAD, AND CreVibe DOES NOT GUARANTEE ANY COPYRIGHT OR LEGAL STATUS OF ANY OUTPUT GENERATED BY THE SERVICES. IF YOU USE YOUR CONTENT OR AI-GENERATED OUTPUT FOR COMMERCIAL OR OTHER PURPOSES, YOU ARE SOLELY RESPONSIBLE FOR ASSESSING LEGAL RISKS AND FOR ANY CONSEQUENCES ARISING THEREFROM.

4.2. Content License

By making your content available through the Services, you grant to CreVibe and its affiliates an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit your content in any form, media, or technology now known or later developed, for the purposes of providing, promoting, and improving the Services.

You acknowledge and agree that CreVibe may also distribute your content to third-party partner platforms for promotional, marketing, or distribution purposes, and that such partners will be required to follow data protection and usage practices consistent with CreVibe's policies.

If you choose to make your content publicly available on the Services, you additionally grant other CreVibe users a worldwide, non-exclusive, royalty-free license to access, use, reproduce, adapt, and share such content within the scope of the Services, in accordance with these Terms and any applicable platform rules.

The above license survives termination of this Agreement for any reason.

4.3. Intellectual Property

All intellectual property rights in the CreVibe website, application, Services, and any content provided by CreVibe, including but not limited to software, algorithms, text, graphics, logos, trademarks, and brand names, are owned by CreVibe or its licensors. Except as expressly granted in these Terms, you are granted no right or license to such materials.

To use the Services or any CreVibe-provided content in any way not expressly authorized by these Terms, you must obtain prior written permission by contacting us at crevibe.official@gmail.com. If permission is granted, you must explicitly acknowledge CreVibe as the owner or licensor of the materials used.

5. Acceptable Use

5.1. Prohibited Conducts

When using the Services or participating in CreVibe communities, you must act responsibly and respectfully. You are prohibited from:

Posting Harmful or Illegal Content: Sharing content that is offensive, unlawful, defamatory, obscene, hateful, or that infringes on the rights of others (including intellectual property or privacy rights). This includes depicting or promoting violence, terrorism, self-harm, child exploitation, or any illegal activities.

Creating Sexual or Abusive Material Involving Minors: Generating or disseminating sexual or pornographic content that involves minors, including fictional, AI-generated, or realistic depictions.

Spreading False or Misleading Information: Creating or distributing false or deceptive information intended to defraud, deceive, or cause harm (e.g., fake news, impersonation, misinformation).

Generating Shock or Distress Content: Creating content that depicts extreme gore, realistic violence, or other material likely to cause severe distress.

Simulating Illegal Products: Generating content that simulates illegal products or substances (e.g., drugs, counterfeit goods) in a way that could promote their use or distribution.

Harassing or Abusing Others: Harassing, threatening, impersonating, or abusing other users or community members.

Spamming or Manipulative Behavior: Engaging in spam, disruptive activities, or coordinated manipulation (e.g., brigading, mass reporting). This also includes attempting to bypass or interfere with moderation tools, content filters, or access controls.

Compromising Security and Systems: Undermining the security, stability, or availability of the Services or related systems. This includes unauthorized access attempts, hacking, reverse engineering, exploiting vulnerabilities, uploading malware, or impersonating CreVibe representatives.

Unauthorized Commercial Use: Using the Services for spam, unauthorized advertisements, pyramid schemes, data scraping without permission, misusing user data, or commercial exploitation of the Services without authorization.

Disrupting User Experience: Interfering with other users' enjoyment or lawful use of the Services, disrupting platform functionality, or using the Services to develop a competitive product.

5.2. Moderation and Enforcement

We reserve the right (but not the obligation) to review any Content and to investigate and, at our sole discretion, take appropriate action—including but not limited to automated content review using AI and machine-learning filters, manual review, or behavioral analysis based on usage patterns and logs—if you violate this ToS or otherwise create liability for CreVibe or any third party. Users may contest automated moderation decisions by submitting a written appeal to crevibe.official@gmail.com. All moderation outcomes are final, except where a successful appeal results in reversal of the decision.

Depending on the relevant situation, we may take action, including but not limited to, resetting content (including but not limited to resetting or forcing modification of illegal user names, pictures, videos, models, comments and other illegal information or content provided or uploaded by you), refusing to publish, sending a warning, blocking communications, suspending, off-lining, banning or terminating your Account temporarily or permanently, blocking login, disabling or deleting Content or otherwise take actions at our sole discretion, with or without prior notice.

We do not assume any responsibility for the consequences such as your inability to normally use the account and related services, or your inability to normally obtain the assets or other rights and interests in your Account.

6. DMCA Policy

6.1. CreVibe respects intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we respond to valid notices of alleged copyright infringement..

6.2. If you believe content on the Services infringes your copyright, please submit a written notification to our designated agent at crevibe.official@gmail.com including:

A physical or electronic signature,

Identification of the copyrighted work,

A link or reference to the allegedly infringing content;

Your contact details,

A good faith belief that the use is unauthorized,

A statement under penalty of perjury regarding the accuracy of your claim.

6.3. Counter Notification:

If you believe content you uploaded was wrongly removed, you may send a counter notice to crevibe.official@gmail.com including:

Your name and contact information;

The material removed and its location prior to removal;

A statement under penalty of perjury that you believe the removal was mistaken;

Your signature.

Upon receiving a valid counter-notice, CreVibe may reinstate the content unless the original claimant files a court action within 14 business days.

7. Communications

7.1. You may have the opportunity to provide us with your e-mail address. By providing your email address to us, you consent to receiving email communications from CreVibe for administrative or operational purposes related to your Account.

7.2. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.

8. Disclaimer and Limitation of Liability

8.1. Content Responsibility

You remain solely responsible for the legality and appropriateness of any Content you post or share. Content you make available may be visible to others and may be used for purposes such as moderation, showcasing, or collaboration.

CreVibe provides tools and environments for collaboration and sharing but does not act as a publisher, editor, or moderator of user-generated content. We assume no responsibility for monitoring content or controlling user interactions. Any views or materials expressed in user-generated content reflect solely those of the user and not of CreVibe. We do not endorse, validate, or guarantee the legality, accuracy, quality, or completeness of any Content.

CreVibe does not pre-screen Content or AI-generated output and makes no warranties that any content is free from infringement, defamation, or other violations of third-party rights. All content is used at your own risk.

8.2. Disclaimer

Your interactions with other users or third parties are solely between you and them. CreVibe is not responsible for any loss or damage arising from such interactions. We are under no obligation to become involved in disputes between you and any user or third party but reserve the right to intercede at our sole discretion, particularly where safety or platform functionality is threatened.

Content generated through the Services is for informational and creative purposes only and shall not be considered legal, medical, financial, or other professional advice. CreVibe makes no warranties regarding the accuracy, reliability, or suitability of generated content for any purpose, including commercial use. We shall not be liable for any damages resulting from reliance on such content.

Where third-party APIs or models are integrated into the Services, CreVibe assumes no liability for any defects, errors, infringement, or other issues caused by such external services.

8.3. Limitation of Liability

Each user of the Services is solely responsible for any and all of its own Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others. We make no guarantees regarding the accuracy, availability, suitability, reliability or quality of any Content. Your interactions with other users, including any interactions with Collaborators or third parties, are solely between you and such users and third parties. You agree that CreVibe will not be responsible for any loss or damage incurred as the result of any such interactions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CreVibe (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TOS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF CreVibe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

9. Indemnification

You agree to defend, indemnify, and hold harmless CreVibe, along with its officers, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses—including reasonable attorneys' fees and legal costs—arising out of or relating to:

Your access to or use of the Services;

Any Content you create, upload, or share through the Services;

Your violation of this ToS; or

Your breach of any applicable law, regulation, or third-party rights.

CreVibe reserves the right, at its sole discretion and at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully with CreVibe in asserting any available defenses and in the conduct of such defense.

You further agree not to settle any claim, action, or proceeding without CreVibe's prior written consent. CreVibe will make reasonable efforts to notify you promptly of any such claim or legal proceeding upon becoming aware of it.

10. Modifications and Termination

10.1. Subject to this Section, this ToS will remain in full force and effect while you use the Services. We may suspend or terminate your rights to access and use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of this ToS. Upon termination of your rights under this ToS, your Account will be deleted and your right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your Content associated with your Account from our live databases. CreVibe will not have any liability whatsoever to you for any termination of your rights under this ToS, including for termination of your Account or deletion of your Content.

10.2. Please note that the ToS is subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the ToS available on the Site and within the App, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the App. CreVibe may require you to provide consent to the updated ToS in a specified manner before further use of the Services is permitted. If you do not agree to any change(s), you shall stop using the Site, the App, and/or the Services. Otherwise, your continued use of the Site, the App, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT ToS.

11. Governing Law and Dispute Resolution

11.1. Governing Law

This ToS shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. The interpretation and enforcement of the ToS shall also be subject to the United States Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.2. Initial Dispute Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at crevibe.official@gmail.com and attempt to resolve the issue informally and in good faith. Most concerns can be resolved quickly and efficiently through informal communication. Both parties agree to use reasonable efforts to resolve any dispute arising out of or related to these ToS through direct consultation and negotiation, which is a precondition to either party initiating arbitration or litigation.

11.3. Agreement to Binding Arbitration

If a resolution cannot be reached within thirty (30) days of initiating informal negotiations, either party may commence binding arbitration. Any dispute, claim, or controversy arising out of or relating to these ToS—including their formation, interpretation, breach, termination, or validity—and the use of the Services shall be resolved exclusively and confidentially through binding arbitration administered by the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect, excluding any rules permitting class arbitration. The arbitration shall be conducted in San Francisco County, California, in English, unless otherwise agreed by both parties.

The arbitrator shall have exclusive authority to determine the scope and enforceability of this arbitration provision, including any questions relating to whether these ToS or any part of them are void or voidable. The arbitrator shall be empowered to grant any relief that would be available in a court of law. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

11.4. Class Action and Class Arbitration Waiver

You and CreVibe agree that all arbitration shall be conducted solely in your or our individual capacity, and not as a class action or representative proceeding. You expressly waive your right to file or participate in any class action against CreVibe, and likewise waive the right to seek relief on a class-wide basis.

If any court or arbitrator determines that the class action waiver is unenforceable, then the entirety of the arbitration clause in Section 12.3 shall be null and void, and the parties shall be deemed not to have agreed to arbitrate disputes.

11.5. Exception – Small Claims Court

Notwithstanding the above, either party may bring a claim in small claims court in a jurisdiction where such a claim qualifies and falls within the court's legal limits, including in your county of residence.

11.6. 30-Day Right to Opt Out

You may opt out of the arbitration and class action waiver provisions of this section by sending written notice of your decision to opt out to crevibe.official@gmail.com within thirty (30) days of first accessing or using the Services. The opt-out notice shall include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and CreVibe will be exempt from these arbitration provisions.

11.7. Exclusive Venue for Litigation

If, and only if, the arbitration provisions above are found not to apply or are deemed unenforceable, then any litigation shall be initiated exclusively in the state or federal courts located in San Francisco County, California, except for small claims matters as outlined above. You and CreVibe hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes.

12. Miscellaneous

12.1. Entire Agreement

This ToS, along with the Privacy Policy and any other terms expressly agreed upon by you and us, constitutes the entire agreement regarding the use of the Services.

12.2. Waiver

Our failure to exercise or enforce any right or provision of this ToS shall not operate as a waiver of such right or provision. The section titles in this ToS are for convenience only and have no legal or contractual effect.

12.3. Severability

If any provision of this ToS is, for any reason, held to be invalid or unenforceable, the other provisions of this ToS will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.4. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without the prior written consent of CreVibe. CreVibe may freely assign these Terms without restriction.

13. Contact

If you have any questions or concerns about the ToS, please contact us at: crevibe.official@gmail.com

By accessing or using CreVibe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.