Terms and Conditions

1 Agreement to Terms

These Terms and Conditions ("Agreement") constitute a legally binding contract between you ("User," "You," "Your," "Subscriber," or "Client") and Creatoz Intelligence ("Company," "We," "Us," "Our"), a company incorporated under the laws of India, governing your access to and use of the Creatoz Suite software-as-a-service platform ("Service," "Platform," or "Software").

PROPRIETARY NOTICE: Creatoz AI Engine and Creatoz Software are proprietary products originally developed by and intellectual property of Garcia Thomas under Garcia Thomas Innovations. These products are exclusively licensed, redistributed, and managed by Creatoz Intelligence. All rights, title, and interest in the underlying technology, algorithms, and intellectual property remain with Garcia Thomas and Garcia Thomas Innovations.

This Agreement is effective as of the date you first access or use the Service. By clicking "I Agree," "Sign Up," "Create Account," or by accessing or using any part of the Service, you represent and warrant that:

• You have the legal capacity and authority to enter into this binding Agreement
• You are at least 18 years of age or the age of legal majority in your jurisdiction
• If acting on behalf of an organization, you have the authority to bind that organization to these terms
• You have read and understood all provisions of this Agreement
• You consent to the collection, processing, and storage of your data as described herein

2 Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them:

• "Service/Platform": The Creatoz Suite cloud-based software platform including all modules (ERP, HRMS, CRM, PMS, Finance, Inventory, Analytics) and related services
• "User Data": All data, content, information, files, and materials uploaded, submitted, stored, or transmitted through the Service by or on behalf of the User
• "Confidential Information": Any non-public information disclosed by either party including business data, trade secrets, technical information, and customer data
• "Intellectual Property": All patents, copyrights, trademarks, trade secrets, source code, algorithms, designs, and proprietary technology owned by Garcia Thomas, Garcia Thomas Innovations, and/or licensed to Creatoz Intelligence
• "Creatoz AI Engine": The proprietary artificial intelligence system developed by Garcia Thomas under Garcia Thomas Innovations
• "Creatoz Software": The proprietary software platform developed by Garcia Thomas under Garcia Thomas Innovations and redistributed by Creatoz Intelligence
• "Subscription Period": The duration for which User has subscribed to use the Service as specified in the subscription plan
• "Authorized Users": Individuals authorized by the Subscriber to access and use the Service under the Subscriber's account

3 Service Description & Scope

Creatoz Suite is a comprehensive enterprise business management platform that provides the following modules and functionalities:

• Employee Management (HRMS): Attendance tracking, payroll processing, leave management, performance reviews, and HR analytics
• Project Management: Task management, Kanban boards, time tracking, milestone tracking, and team collaboration tools
• Customer Management (CRM): Lead management, sales pipeline, customer support, and relationship tracking
• Finance & Accounting: Invoicing, expense tracking, GST compliance, financial reporting, and payment processing
• Inventory Management: Stock tracking, warehouse management, purchase orders, and supply chain tools
• Website & Traffic Analytics: Visitor tracking, SEO tools, conversion analytics, and performance monitoring
• AI & Intelligence: Predictive analytics, automated insights, chatbots, and machine learning features
• Custom Plugins & Integrations: Third-party integrations, API access, and custom development capabilities

The Company reserves the right to modify, update, enhance, or discontinue any features or modules at its sole discretion with reasonable notice to Users.

4 Account Registration & Security

4.1 Account Creation

To access the Service, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful and accurate registration information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Immediately notify us of any unauthorized access or security breach
• Accept full responsibility for all activities under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. The Company shall not be liable for any loss or damage arising from your failure to protect your account information. We strongly recommend enabling two-factor authentication (2FA) where available.

5 User Data, Privacy & Data Protection

5.1 Data Ownership

You retain all ownership rights to your User Data. By using the Service, you grant the Company a limited, non-exclusive license to process, store, and transmit your data solely for the purpose of providing the Service.

5.2 Data Collection & Usage

We collect and process the following categories of data:

• Account Information: Name, email, phone number, company details, billing address
• Business Data: Employee records, customer data, financial transactions, project information
• Usage Data: Login history, feature usage, performance metrics, error logs
• Technical Data: IP address, browser type, device information, cookies

5.3 Data Protection Measures

We implement industry-standard security measures including:

• 256-bit SSL/TLS encryption for data in transit
• AES-256 encryption for data at rest
• Regular security audits and penetration testing
• Multi-factor authentication options
• Role-based access controls
• Automated threat detection and monitoring

5.4 Data Retention

User Data is retained for the duration of your subscription plus 90 days after termination. Upon written request, we will permanently delete your data within 30 days, except where retention is required by law.

6 Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You shall NOT:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or store any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any systems, networks, or data
• Reverse engineer, decompile, disassemble, or attempt to derive source code
• Copy, modify, distribute, or create derivative works of the Service
• Sublicense, resell, rent, or lease access to the Service without authorization
• Interfere with or disrupt the integrity or performance of the Service
• Circumvent any security measures, access controls, or usage limits
• Use the Service to send spam, phishing, or unsolicited communications
• Harvest, collect, or store personal data of other users without consent
• Impersonate any person or entity or misrepresent your affiliation

7 Fees, Payment & Billing

7.1 Subscription Fees

Access to the Service requires payment of subscription fees as specified in your chosen plan. All fees are:

• Quoted in Indian Rupees (INR) unless otherwise specified
• Exclusive of applicable taxes including GST (18%)
• Billed in advance on a monthly or annual basis
• Non-refundable except as expressly provided herein

7.2 Payment Terms

Payment is due upon invoice. Late payments may incur:

• Interest at 1.5% per month on overdue amounts
• Suspension of Service access after 7 days overdue
• Termination of account after 30 days overdue
• Collection costs and legal fees if applicable

7.3 Refund Policy

Subscription fees are generally non-refundable. However, refunds may be considered in the following circumstances:

• Service unavailability exceeding 99.9% SLA for more than 72 consecutive hours
• Material breach of this Agreement by the Company
• As required by applicable consumer protection laws

8 Intellectual Property Rights

8.1 Company's Intellectual Property

The Creatoz AI Engine, Creatoz Software, and all associated technology, including all software, source code, algorithms, designs, user interfaces, documentation, trademarks, logos, and all related intellectual property, are proprietary products of Garcia Thomas developed under Garcia Thomas Innovations. These products are exclusively licensed to and redistributed by Creatoz Intelligence. All rights, title, and ownership remain with Garcia Thomas and Garcia Thomas Innovations. This Agreement does not transfer any ownership rights to you.

8.2 License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the Subscription Period.

8.3 Restrictions

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

• Copy, reproduce, or duplicate any part of the Service
• Modify, adapt, translate, or create derivative works
• Reverse engineer, decompile, or disassemble the software
• Remove or alter any proprietary notices or labels
• Use the Company's trademarks without prior written consent

8.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service shall become the exclusive property of the Company, and we may use such feedback without any obligation to you.

8.5 Unauthorized Development & Distribution - Legal Consequences

The following activities are STRICTLY PROHIBITED and constitute criminal offenses under applicable Indian and International laws:

• Unauthorized access, copying, or downloading of Creatoz source code, codebase, or architecture from any platform including but not limited to GitHub, GitLab, Bitbucket, or any code repository
• Unauthorized development, modification, or creation of derivative works based on Creatoz software, AI Engine, or any proprietary technology
• Unauthorized distribution, redistribution, sharing, or publication of Creatoz code, algorithms, or architecture through any medium
• Cloning, forking, or mirroring Creatoz repositories without explicit written authorization
• Using Creatoz code or architecture to develop competing products or services
• Selling, licensing, or commercially exploiting any part of Creatoz intellectual property
• Removing, altering, or obscuring copyright notices, proprietary legends, or attribution
• Attempting to circumvent technical protection measures or access controls

8.6 Applicable Legal Provisions & Penalties

Violations of intellectual property rights will be prosecuted under the following legal provisions:

Indian Penal Code (IPC):

• Section 378 (Theft) - Unauthorized taking of intellectual property; Punishment: Up to 3 years imprisonment and/or fine
• Section 379 (Punishment for Theft) - Imprisonment up to 3 years, or fine, or both
• Section 403 (Dishonest Misappropriation) - Misappropriation of proprietary code; Up to 2 years imprisonment
• Section 405 (Criminal Breach of Trust) - If entrusted with access; Up to 3 years imprisonment
• Section 406 (Punishment for Criminal Breach of Trust) - Up to 3 years imprisonment and fine
• Section 420 (Cheating) - Fraudulent use of intellectual property; Up to 7 years imprisonment and fine
• Section 463 & 465 (Forgery) - Creating false documents or code attribution; Up to 2 years imprisonment

Information Technology Act, 2000:

• Section 43 - Penalty for unauthorized access, downloading, or extraction of data; Compensation up to INR 1 Crore
• Section 43A - Compensation for failure to protect data; Unlimited compensation
• Section 65 - Tampering with computer source documents; Up to 3 years imprisonment and fine up to INR 2 Lakhs
• Section 66 - Computer related offenses (hacking); Up to 3 years imprisonment and fine up to INR 5 Lakhs
• Section 66B - Receiving stolen computer resource; Up to 3 years imprisonment and fine up to INR 1 Lakh
• Section 66C - Identity theft; Up to 3 years imprisonment and fine up to INR 1 Lakh
• Section 72 - Breach of confidentiality and privacy; Up to 2 years imprisonment and fine up to INR 1 Lakh

Copyright Act, 1957:

• Section 51 - Infringement of copyright; Civil and criminal liability
• Section 63 - Offense of infringement; Up to 3 years imprisonment and fine up to INR 2 Lakhs (minimum 6 months and INR 50,000)
• Section 63A - Enhanced penalty for second offense; Up to 3 years imprisonment and fine up to INR 3 Lakhs
• Section 63B - Knowing use of infringing copy of computer program; Up to 3 years imprisonment and fine up to INR 2 Lakhs

Trade Secrets & International Laws:

• Indian Contract Act, 1872 - Breach of confidentiality agreements; Unlimited damages
• TRIPS Agreement - International trade secret protection
• WIPO Copyright Treaty - International copyright enforcement
• DMCA (Digital Millennium Copyright Act) - For international distribution; Up to $500,000 fine and 5 years imprisonment

9 Confidentiality

Both parties agree to maintain the confidentiality of any Confidential Information disclosed during the term of this Agreement. Confidential Information shall not be disclosed to any third party without prior written consent, except:

• To employees, contractors, or agents who need to know and are bound by confidentiality obligations
• As required by law, regulation, or court order
• Information that becomes publicly available through no fault of the receiving party
• Information independently developed without use of Confidential Information

This confidentiality obligation shall survive termination of this Agreement for a period of five (5) years.

10 Disclaimers & Warranties

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Any errors or defects will be corrected
• The Service will be compatible with all hardware or software
• Results obtained from using the Service will be accurate or reliable

10.3 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such third-party services, and your use of them is at your own risk.

11 Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATOZ INTELLIGENCE, GARCIA THOMAS, GARCIA THOMAS INNOVATIONS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, FOUNDERS, LICENSORS, OR AFFILIATES BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, business, goodwill, or anticipated savings
• Loss of data or data breach (except as required by law)
• Business interruption or loss of business opportunity
• Any damages arising from unauthorized access to your account
• Any damages resulting from third-party actions or services

11.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF:

• The total fees paid by you in the twelve (12) months preceding the claim, OR
• Indian Rupees One Lakh (INR 1,00,000)

11.3 Essential Basis

You acknowledge that the limitations of liability in this section are an essential basis of the bargain between the parties and that the Company would not provide the Service without such limitations.

12 Indemnification

You agree to indemnify, defend, and hold harmless Creatoz Intelligence, Garcia Thomas, Garcia Thomas Innovations, and their respective founders, directors, officers, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of this Agreement
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content or data you upload, submit, or transmit through the Service
• Any unauthorized access to your account

This indemnification obligation shall survive termination of this Agreement.

13 Termination

13.1 Termination by You

You may terminate your account at any time by providing written notice. Upon termination:

• No refund will be provided for unused subscription periods
• You must pay any outstanding fees
• Your access to the Service will be immediately revoked

13.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of this Agreement
• You fail to pay fees when due
• We suspect fraudulent, illegal, or unauthorized activity
• Required by law or government order
• We discontinue the Service (with 90 days notice)

13.3 Effect of Termination

Upon termination, all licenses granted herein shall immediately terminate. We will retain your data for 90 days, after which it may be permanently deleted. Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

14 Data Backup & Recovery

While we perform regular automated backups of User Data, you acknowledge and agree that:

• You are solely responsible for maintaining your own backup copies of critical data
• We are not liable for any data loss, corruption, or inability to recover data
• Backup restoration may take up to 72 hours depending on data volume
• Historical backups are retained for 30 days only

15 Service Level Agreement (SLA)

We commit to maintaining 99.9% uptime availability for the Service, excluding:

• Scheduled maintenance (with 24-hour advance notice)
• Emergency maintenance for security or stability
• Force majeure events beyond our reasonable control
• Issues caused by your equipment, network, or third-party services

Service credits may be available for extended outages as per our SLA policy, which is available upon request.

16 Modifications to Terms

We reserve the right to modify, update, or change these Terms at any time. When we make material changes:

• We will notify you via email or in-app notification at least 30 days in advance
• The updated terms will be posted on our website with a new "Last Updated" date
• Your continued use of the Service after the effective date constitutes acceptance
• If you do not agree to the modified terms, you must discontinue use and terminate your account

17 Governing Law & Dispute Resolution

17.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

17.2 Jurisdiction

Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.

17.3 Arbitration

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If unsuccessful, disputes may be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with arbitration to be conducted in Bangalore, India, in the English language.

18 Legal Compliance

This Agreement and the Service comply with applicable Indian laws including:

• Information Technology Act, 2000 and its amendments
• Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Digital Personal Data Protection Act, 2023 (as applicable)

19 General Provisions

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any right or provision shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement freely.
• Force Majeure: Neither party shall be liable for delays or failures due to circumstances beyond reasonable control.
• Notices: All notices shall be in writing and sent to the email address on file or to our official contact address.
• Headings: Section headings are for convenience only and shall not affect interpretation.