Terms of Service

1. The Service

The Creator Marketing App is software designed to support creator marketing workflows. The Service may evolve over time, and we may add, remove, modify, or discontinue features at any time.

Some features may be offered on a limited, pilot, beta, test, or preview basis.

2. Eligibility and Accounts

You must be legally able to enter into these Terms to use the Service.

You are responsible for:

• providing accurate account information;
• maintaining the confidentiality of your login credentials; and
• activity occurring under your account or within your organization's workspace, except to the extent caused by our own unauthorized access or security failure.

You must promptly notify us if you believe your account has been compromised.

3. Your Use of the Service

You may use the Service only in compliance with these Terms and applicable law.

You agree not to:

• use the Service for unlawful, infringing, fraudulent, or deceptive purposes;
• access or attempt to access other accounts or workspaces without authorization;
• interfere with the operation, security, or integrity of the Service;
• reverse engineer, decompile, or attempt to extract source code from the Service except where prohibited by law;
• transmit malware, spam, or harmful code through the Service;
• upload or submit content you do not have the right to use; or
• use the Service in a way that could impose an unreasonable burden on our systems.

4. Customer Data

As between you and The Creator Marketing App, you retain ownership of the data, content, records, files, and materials you or your authorized users submit to the Service ("Customer Data").

You grant us a limited, non-exclusive right to host, store, reproduce, process, transmit, and display Customer Data solely as necessary to:

• operate and provide the Service;
• maintain and secure the Service;
• support requested integrations and product functionality;
• prevent abuse and troubleshoot issues; and
• comply with applicable law.

5. Customer Responsibilities

You are responsible for Customer Data and your use of the Service, including:

• the accuracy and legality of the data you submit or direct us to process;
• obtaining any rights, permissions, notices, or consents required to use that data;
• obtaining any rights, notices, permissions, or lawful basis needed to invite creators, contact creators, collect creator information, collect shipping information, and fulfill product gifting;
• confirming you have authority to connect email, social, or other third-party accounts to the Service;
• ensuring connected-platform permissions are granted by authorized account owners and used only for lawful campaign workflows;
• managing Shopify gifting, draft order creation, shipment coordination, fulfillment practices, and your own privacy notices where applicable;
• making sure your outreach, creator data usage, and campaign workflows comply with applicable law, platform rules, and your own contractual obligations; and
• managing internal workspace access and authorization decisions for your users.

6. Workspace Access and Organizational Use

If you create or administer a workspace for an organization, you are responsible for managing user access and permissions within that workspace.

Information submitted to a workspace may be accessible to authorized users in that workspace according to the Service's functionality and permission model.

7. Third-Party Services and Integrations

The Service may interoperate with third-party products, platforms, and APIs, including Google, Gmail, YouTube, Meta / Facebook / Instagram, TikTok, Shopify, email providers, social platforms, and fulfillment systems. Your use of those third-party services is governed by their own terms, policies, and technical requirements.

You understand and agree that:

• connected integrations work only when the relevant third-party service authorizes them;
• third-party APIs, scopes, permissions, rate limits, and available fields may change;
• we are not responsible for third-party service availability, outages, suspensions, policy changes, API changes, account restrictions, or revoked permissions; and
• if a connected account is disconnected, expires, is revoked, or loses permissions, related Service functionality may stop working or become limited.

8. Availability and Beta Functionality

We do not guarantee that every feature, workflow, or integration will always be available or continue to exist in its current form. Features that depend on external platforms, APIs, or credentials may be unavailable or degraded without notice.

9. Intellectual Property

The Service, including its software, design, interface, and related materials, is owned by The Creator Marketing App or its licensors and is protected by applicable intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

10. Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use that feedback without restriction or obligation to you.

11. Fees and Paid Features

The Service may currently be offered on a limited, pilot, test, or invite-based basis. We may introduce paid plans, usage limits, or billing terms in the future. If we do, we will present the applicable pricing and billing terms at that time.

Unless otherwise stated, fees are non-refundable except as required by law.

12. Suspension, Termination, Disconnects, and Deletion

We may suspend or terminate your access to the Service if:

• you violate these Terms;
• your use poses a security, legal, or operational risk; or
• we are required to do so by law.

You may stop using the Service or disconnect integrations at any time.

If an account, workspace, or integration is terminated or disconnected, your access to some or all related functionality may end immediately, and certain synced or connected workflows may stop running.

We may delete or de-activate connected tokens and related connection state when an integration is disconnected. Account, workspace, and connected-platform data may be deleted on request, subject to legal, security, fraud-prevention, dispute-resolution, and backup-retention needs. See our Data Deletion page for more detail.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CREATOR MARKETING APP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES, OR THAT THIRD-PARTY INTEGRATIONS, PLATFORM DATA, OR EXTERNAL APIS WILL CONTINUE TO FUNCTION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CREATOR MARKETING APP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE CREATOR MARKETING APP FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• FIFTY U.S. DOLLARS (US $50).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnity

You agree to indemnify and hold harmless The Creator Marketing App and its affiliates, officers, employees, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to:

• your Customer Data;
• your misuse of the Service;
• your violation of these Terms;
• your violation of applicable law or platform rules; or
• your violation of the rights of another person or entity.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, except to the extent preempted by applicable federal law.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and may provide additional notice where appropriate. Your continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms may be sent to:

The Creator Marketing App
support@creatormarketing.app