Creagency Terms of Use

Creagency is a social media workspace, scheduling, analytics, and AI-assisted content platform designed primarily for businesses, creators, agencies, and professionals.

Depending on the plan and features in use, the Service may allow you to:

• create and manage one or more workspaces;
• invite and manage team members and roles;
• connect third-party social media or authentication providers;
• upload, organize, and store assets;
• create, edit, schedule, queue, publish, retry, or remove content;
• use AI-assisted content, editing, image-generation, template, or workflow features;
• view analytics, reports, dashboards, and exports;
• manage subscriptions, billing, and workspace settings; and
• use related support, moderation, compliance, or administrative workflows.

The Service is offered as commercial software and online services. Unless we expressly agree otherwise in writing, the Service is licensed, not sold.

You may use the Service only if:

• you are at least 16 years old;
• you can form a binding contract under applicable law, or your use is otherwise permitted under applicable law and, where required, approved by a parent, guardian, or authorized organization;
• you are not barred from using the Service under applicable law; and
• your use of the Service complies with these Terms.

The Service is intended primarily for businesses, creators, agencies, and professionals. If you use the Service as a consumer, any mandatory rights you have under applicable law remain unaffected.

To use certain features, you must create an account and remain authenticated through one of the login methods we support, which may include Google Login, X Login, TikTok Login, and magic link login.

You agree to:

• provide accurate, current, and complete account information;
• keep your contact, billing, and profile information up to date;
• maintain the security of your credentials, devices, inboxes, tokens, and connected accounts;
• promptly notify us if you suspect unauthorized access, fraud, credential compromise, or misuse; and
• be responsible for all activity that occurs through your account, workspace, login session, or credentials unless prohibited by law.

We may require identity, payment, authority, or account-verification steps at any time.

You may not share credentials, resell access, create accounts using false identities, or access the Service through unauthorized means.

The Service may organize customer activity at the workspace level. A workspace may include content, social connections, assets, templates, analytics, billing information, audit history, and team members.

4.1 Workspace Owner and Authorized Admins
The workspace owner is the primary responsible party for the workspace. The workspace owner, and any authorized admins designated through the Service or otherwise authorized by the workspace owner, may act on behalf of the workspace for operational purposes.

Unless we expressly agree otherwise in writing, the workspace owner and any admin with access to billing, subscription, plan, seat, or renewal controls are authorized to:

• start trials and paid subscriptions;
• select, upgrade, downgrade, renew, or cancel plans;
• incur charges, taxes, overages, or usage-based fees where applicable;
• invite, manage, or remove users;
• connect third-party accounts;
• upload and manage content and assets; and
• receive legal, operational, billing, and account notices for the workspace.

4.2 Workspace Responsibility
You are responsible for ensuring that all users you invite or authorize to access a workspace comply with these Terms.

The workspace and its responsible representatives are responsible for activity carried out through that workspace by:

• owners;
• admins;
• editors;
• viewers;
• employees;
• contractors;
• agents;
• clients;
• collaborators; and
• anyone else using the workspace under your authority or control.

4.3 Role Changes and Internal Governance
You are solely responsible for your internal governance, role assignments, approval chains, and access controls. We are not responsible for disputes between workspace owners, admins, team members, agencies, clients, contractors, or other collaborators.

If you use the Service for clients, customers, employers, or other third parties, you represent and warrant that you have all rights, consents, approvals, and authority needed to:

• access and manage those accounts or assets;
• connect social profiles, pages, channels, business accounts, or APIs;
• upload, edit, publish, schedule, or remove content on their behalf;
• use their brand materials, logos, media, templates, or other content; and
• receive analytics, reports, or performance data associated with those accounts.

You are solely responsible for:

• your agreements with your clients or account owners;
• obtaining approvals for content, advertising, or publishing;
• compliance with laws, disclosure rules, endorsement rules, contest rules, platform policies, or advertising requirements that apply to your activities; and
• any claims, losses, or disputes between you and your clients, customers, or end users.

6.1 Plans
The Service may offer monthly subscriptions, yearly subscriptions, enterprise plans, custom plans, add-ons, usage-based features, credits, promotional offers, trials, and other commercial arrangements.

6.2 Free Trial
We may offer an eligible customer a 7-day free trial. A valid payment method is required to start the trial.

Unless canceled before the trial ends, the trial will automatically convert to the paid plan selected at signup, and your payment method will be charged at the end of the trial. You may also choose to start the paid plan immediately before the trial ends.

We may send reminder emails or notices before a trial ends, but failure to receive, read, or act on a reminder does not affect your responsibility for charges disclosed at signup.

6.3 Immediate Access to Digital Services
By starting a trial or subscription, you request immediate access to digital services. Where required by applicable law, we may ask you to expressly:

• consent to the Service starting immediately;
• acknowledge that you will receive immediate access to digital features; and
• acknowledge that, to the extent permitted by law, any cooling-off, withdrawal, or similar cancellation right may be reduced, waived, or lost once performance begins.

6.4 Auto-Renewal
Unless otherwise stated in a separate written agreement, subscriptions automatically renew for successive billing periods until canceled.

You authorize us and our payment processors to charge your payment method for:

• subscription fees;
• renewals;
• taxes;
• plan changes;
• add-ons;
• overages;
• usage-based charges where applicable; and
• other amounts you agree to incur through the Service.

6.5 Payment Responsibilities
You must provide and maintain a current, valid payment method and accurate billing information.

If payment fails, is reversed, is declined, or cannot be processed, we may retry payment, suspend the Service, downgrade features, revoke trial or promotional eligibility, restrict access, or terminate the affected account or workspace. Unless required by law or expressly agreed by us in writing, payment obligations are non-cancellable and must be paid without setoff, counterclaim, or withholding.

6.6 Taxes and Fees
Unless otherwise stated, fees do not include applicable taxes, duties, levies, or similar governmental charges. You are responsible for those amounts except to the extent they are based on our net income. You are also responsible for any foreign exchange, bank, wire, or card issuer fees charged by your payment provider.

6.7 Promotions, Credits, and Trials
Promotions, discounts, credits, trials, coupon codes, launch offers, extensions, and similar benefits are subject to any additional terms we provide and may be limited, revoked, denied, shortened, suspended, or canceled where we reasonably suspect abuse, duplication, fraud, manipulation, or ineligibility.

6.8 Changes to Pricing or Plans
We may change pricing, packaging, plan features, limits, quotas, storage, supported integrations, usage allowances, or commercial terms at any time on a prospective basis. Unless a separate written agreement says otherwise, such changes may take effect at the next renewal or as otherwise disclosed.

You may cancel through the methods we make available, which may include self-serve billing settings, the Stripe customer portal, or contacting [email protected].

Unless otherwise required by law or expressly stated in a separate written agreement:

• cancellation stops future renewals;
• cancellation does not reverse charges already incurred;
• immediate cancellation, if offered or approved, does not create a right to a refund for unused time; and
• fees are non-refundable except as required by law or as expressly approved by us in writing.

Our Refund Policy forms part of these Terms and governs free trials, cancellations, refund review requests, chargebacks, credits, billing disputes, and related issues.

Subject to your compliance with these Terms and payment of all applicable fees, KOENZIM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business, creator, agency, professional, or permitted client-management purposes during the applicable subscription or access period.

You may not, and may not permit any third party to:

• sell, resell, lease, license, sublicense, distribute, or commercially exploit the Service except as expressly authorized by us;
• use the Service as a service bureau, white-label service, outsourcing offering, or competing hosted platform without our written permission;
• copy, modify, adapt, translate, create derivative works of, reverse engineer, decompile, disassemble, or attempt to discover source code, underlying models, or non-public APIs except to the extent such restriction is prohibited by law;
• access the Service to build, benchmark, train, or improve a competing product or service, except as permitted by mandatory law;
• bypass, disable, interfere with, or defeat security, authentication, usage, or technical limitations;
• scrape the Service or extract data through unauthorized automation or bots;
• probe, scan, or test vulnerabilities without our written authorization; or
• access or use the Service in any unlawful or unauthorized manner.

You may use the Service only in compliance with applicable law, these Terms, our published policies, and the rules of any third-party platform you connect or target.

You may not use the Service to create, upload, store, schedule, publish, transmit, or facilitate content or conduct that is or involves:

• unlawful, fraudulent, deceptive, misleading, or manipulative activity;
• defamation, harassment, threats, hate, abuse, exploitation, stalking, or violence;
• spam, fake engagement, platform manipulation, fake traffic, fake followers, or deceptive growth tactics;
• impersonation, misrepresentation, or unauthorized use of another person's or entity's identity, likeness, voice, account, brand, or content;
• infringement or misappropriation of intellectual property, privacy, publicity, data-protection, confidentiality, or other rights;
• malware, viruses, harmful code, credential theft, phishing, exploits, or attempts to gain unauthorized access;
• unlawful surveillance, unlawful data collection, or privacy violations;
• stolen, unauthorized, or fraudulent payment methods;
• child sexual abuse material, exploitation of minors, or unlawful sexual content;
• illegal goods, illegal services, or unlawful transactions; or
• any activity that violates platform terms, community guidelines, developer rules, or advertising policies.

We may investigate, remove, restrict, disable, report, or preserve information relating to suspected violations.

You may provide text, prompts, instructions, media, videos, images, audio, documents, captions, branding, templates, metadata, comments, posts, campaign information, and other materials through the Service ("User Content").

As between you and KOENZIM, and subject to the rights you grant us in these Terms, you retain whatever ownership rights you have in your User Content.

You are solely responsible for your User Content, including ensuring that you have all rights, permissions, licenses, releases, disclosures, and lawful bases required to use, publish, process, transmit, export, monetize, or otherwise exploit it through the Service.

You represent and warrant that your User Content, and your use of the Service in connection with it, does not violate these Terms, applicable law, or the rights of any third party.

The Service may include AI-assisted features such as caption generation, writing assistance, idea generation, image generation, visual editing, meme generation, suggestions, automation, moderation assistance, analytics summaries, and workflow recommendations.

AI features may produce content that is inaccurate, incomplete, offensive, biased, non-unique, legally sensitive, or unsuitable for your intended purpose. You must independently review, verify, edit, and approve all AI-generated or AI-assisted outputs before use or publication.

We do not guarantee that AI-generated outputs will be available, error-free, unique, protectable, non-infringing, or fit for any purpose.

Unless a separate written agreement says otherwise, you grant us the rights needed to host, copy, process, transmit, analyze, format, store, display, modify, and use your User Content, prompts, instructions, model inputs, and related data solely to provide, secure, maintain, improve, and support the Service and related features.

We may use service data, telemetry, logs, and de-identified or aggregated information to operate, maintain, analyze, secure, enforce, and improve the Service, subject to applicable law and our Privacy Policy.

If we offer settings, contracts, or plan-specific terms limiting certain AI data uses, those additional terms will govern to the extent they expressly apply.

The Service depends on third-party services, platforms, APIs, hosting providers, payment processors, authentication providers, email providers, AI providers, infrastructure providers, object storage vendors, and social networks.

Your use of third-party services, accounts, APIs, content, or features may be subject to separate terms, privacy notices, rules, and restrictions imposed by those third parties. We are not responsible for third-party services or for acts or omissions of third parties.

Third-party platforms may change APIs, permissions, limits, policies, content rules, or availability at any time, which may affect the functionality of the Service.

If you connect third-party accounts, pages, channels, profiles, or tokens to the Service, you authorize us to access, use, store, refresh, and process the related authentication credentials, tokens, metadata, and content as necessary to provide the Service.

You are responsible for maintaining valid permissions and lawful authority for each connected account. You must promptly disconnect accounts you are no longer authorized to use.

If a third-party provider revokes, expires, or restricts an authorization, the related Service functionality may fail, pause, or stop until reauthorized.

We may modify, suspend, discontinue, or limit any part of the Service at any time, with or without notice, to the extent permitted by law.

We do not guarantee uninterrupted availability, successful publishing, permanent storage, or error-free operation.

Planned maintenance, urgent patches, security events, provider outages, abuse-prevention measures, regulatory changes, and technical limits may affect availability or features.

We may label certain features, integrations, models, tools, or workflows as beta, preview, experimental, early access, or similar.

These offerings may be incomplete, changed, limited, suspended, or discontinued at any time and are provided "as is" without guarantees.

You are solely responsible for compliance with laws, regulations, industry standards, professional obligations, contract terms, and platform rules that apply to your use of the Service and your content.

This includes laws and rules relating to advertising, endorsements, disclosures, sweepstakes, contests, consumer protection, privacy, data transfers, export controls, sanctions, tax, employment, and regulated industries where applicable.

Our Privacy Policy explains how we collect, use, store, share, and protect personal data.

If you provide personal data through the Service, you represent and warrant that you have a valid legal basis for doing so and for instructing us to process it as contemplated by the Service and these Terms.

If we share non-public information identified as confidential, or that reasonably should be understood as confidential, you may use it only for your permitted use of the Service and must protect it using reasonable care.

You may not disclose our confidential information except to personnel and advisors who need to know it and are bound by confidentiality obligations.

The Service, including software, interfaces, workflows, branding, logos, design, compilations, documentation, features, and underlying technology, is owned by KOENZIM or its licensors and is protected by intellectual property and other laws.

If you send us feedback, ideas, suggestions, or requests, you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free right to use and exploit them without restriction or compensation, unless prohibited by law.

If you believe content on the Service infringes your copyright or trademark, contact us with sufficient information for review. We may remove, disable, or limit access to relevant materials and may terminate repeat infringers where appropriate.

We may suspend, restrict, disable, or terminate access to the Service, your account, a workspace, connected accounts, or features at any time if we reasonably believe there has been fraud, abuse, security risk, non-payment, unlawful activity, policy violations, or other conduct that creates risk for us, the Service, users, or third parties.

You may stop using the Service at any time and may close or request deletion of accounts subject to applicable law and operational requirements.

We may retain and delete data in accordance with our policies, legal obligations, backup practices, security requirements, operational needs, and technical constraints.

Deleted content, logs, analytics, or workspace data may persist temporarily in backups, audit records, cached systems, or required records.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOENZIM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF KOENZIM FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US$50).

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless KOENZIM and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against claims, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, connected accounts, use of the Service, violation of these Terms, or infringement of any rights of a third party.

You may not use, export, re-export, or transfer the Service in violation of export-control, sanctions, embargo, or similar laws. You represent that you are not located in, under the control of, or a resident or national of any prohibited jurisdiction or restricted party.

Unless mandatory law requires otherwise, these Terms are governed by the laws of the State of South Dakota, United States, without regard to conflict-of-law rules.

If a dispute arises, you agree to first contact us and attempt to resolve the issue informally in good faith.

You acknowledge that unauthorized use of the Service or our intellectual property may cause irreparable harm, and that we may seek injunctive or equitable relief without posting bond where permitted by law.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent.

We may assign these Terms, in whole or in part, as part of a merger, acquisition, financing, sale of assets, corporate reorganization, or by operation of law.

We may provide notices through the Service, by email, by posting them on our websites, or by other reasonable means.

You are responsible for keeping your contact information current.

We are not liable for delay or failure caused by events beyond our reasonable control, including:

• failures or restrictions of third-party platforms or APIs;
• cyberattacks, malware, denial-of-service attacks, or other security incidents;
• labor disputes;
• acts of God, weather events, fire, flood, earthquake, epidemic, or pandemic;
• war, terrorism, civil unrest, sanctions, embargoes, or government action; or
• failures of suppliers, processors, vendors, or utilities.

33.1 Electronic Communications
You consent to receive communications from us electronically, including legal notices, billing notices, transactional emails, and service announcements.

33.2 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

33.3 Severability
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

33.4 Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, any order form, plan terms, checkout disclosures, and any other written agreement expressly incorporated by reference, form the entire agreement between you and KOENZIM regarding the Service.

If you are on an enterprise, custom, or negotiated plan and a signed order form, master services agreement, or other written agreement with KOENZIM conflicts with these Terms, that written agreement controls only to the extent of the conflict.

33.5 No Agency or Partnership
These Terms do not create any agency, partnership, joint venture, employment, fiduciary, or franchise relationship between you and KOENZIM.

33.6 English Language
These Terms are written in English. Any translation is provided for convenience only. In the event of any inconsistency, the English version controls to the maximum extent permitted by law.

33.7 Survival
Any provision that by its nature should survive termination or expiration of these Terms will survive, including provisions relating to payments, refunds, intellectual property, restrictions, user content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

For legal notices, support, billing, copyright complaints, or general questions about these Terms, contact:

[email protected]