1. Introduction
Welcome to Creative Effectiveness Limited, a provider of Behavioural Science based Software as a Service (SaaS) solutions known and trading as CreativeScore to business and enterprise customers (hereinafter referred to as “system users”). This software, protected by copyright in favor of the provider, is a web-based software. The system user and their users (hereinafter referred to as “users”) by using our services, agree to the following terms and conditions ("Terms"). These Terms govern your access to and use of Creative Effectiveness Limited services, including any content, features, and functionality offered on our platform.
Please read these Terms carefully. If you do not agree with these Terms, you should not use our services. In the event you do not agree with (or cannot comply with) the contract, please let us know by emailing at customerservice@creativescore.ai so we can try to find a solution.
Effective Date:
These Terms apply to all visitors, users and others who wish to access or use the Service and the effective date of this contract is applied accordingly.
2. Definitions
- "We", "Our", "Us" refers to Creative Effectiveness Limited trading as CreativeScore, a company registered in England & Wales, with its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
- "You", "Your" refers to the person or entity using our services.
- "Services" refers to the software and platform provided by Creative Effectiveness Limited under the SaaS model.
- "Subscription" refers to your subscription plan to access and use the Services.
- "User Content" refers to any content uploaded, created, or otherwise submitted by you or your users.
3. Agreement to Terms
By using our Services, you confirm that you have read, understood, and agreed to these Terms. This is a legally binding agreement between you and Creative Effectiveness Limited trading as CreativeScore.
4. Account Registration and Security
To access and use the Services, you must register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- CreativeScore does not have control over the accuracy or reliability of information provided by Users and therefore cannot be held responsible for any consequences resulting from the provision of incomplete or incorrect information
- In the event that a User provides erroneous, false, inaccurate, incomplete, outdated misleading, or deceptive information, CreativeScore may, without notice or compensation, immediately suspend or terminate that User’s Account and temporarily or permanently deny him access to the Website and/or to the Application and/or to the Services. Furthermore, CreativeScore will not be held liable in case of non-performance and/or partial performance of the subscription in relation to the provision of information of that nature.
- Keep your account credentials (username and password) secure and confidential.
- CreativeScore encourages Users to use “strong” passwords, combining letters, numbers and symbols as well as upper and lower case letters.
- Users who discover that another person has used their identity to use the Services must inform CreativeScore immediately at the following address: customerservice@creativescore.ai
- Registered Users must notify us immediately of any unauthorized use of your account.
- Registered Users may decide to disable their Account whenever they deem it to be appropriate, in accordance with the terms stipulated in the Terms of service.
- You are responsible for all activities that occur under your account.
5. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
- Engage in any activity that violates applicable national or international laws or regulations
- In any way infringe upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- Use the Services to distribute harmful or unlawful content, including viruses or malware.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
In addition you shall not:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through the Service.
- Use any automatic device process including robot or spider, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, Support Service, storage or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to interfere with the proper working of Service.
6. Subscription Plans, Fees And Token Balances
- You must choose a Subscription Plan that suits your needs. The details of available plans and pricing are available on our website at creativescore.ai.
- Your subscription will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing or upgrading a Subscription.
- At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or CreativeScore cancels it. You may cancel your Subscription renewal through your online account management page.
- In the event of your Subscription being cancelled any remaining token balances will be forfeit.
- A valid payment method, including credit card, is required to process the payment for your subscription via our identified third-party payment providers or other future payment method as updated and notified by CreativeScore.
- By submitting such payment information, you automatically authorize CreativeScore to charge all Subscription fees incurred through your account to any such payment instruments.
- You agree to provide accurate billing information and to update us with any changes to that information.
- In the event that automatic billing fails to occur for any reason, CreativeScore will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
- Subscription fees are non-refundable except as outlined in our Refund Policy.
- We reserve the right to change pricing at any time, with prior notice to you.
7. Refund Policy
CreativeScore reserves the right in exceptional cases to grant refunds to its Customers and at CreativeScore discretion, if the Customer asks CreativeScore customer services department in writing to cancel its subscription at the following address: customrservices@creativescore.ai and such discretionary cases only if it is issued to and received by CreativeScore:
Within seven (7) days of the subscription date for a monthly subscription.
Within thirty (15) days of the subscription date for an annual subscription.
And subject to utilization of no more than 1 usage token
Cancellation requests that satisfy the aforementioned conditions may result in a full refund of the Customer’s subscription.
If the aforementioned conditions are not satisfied, the cancellation requests will be taken into account by CreativeScore but no refund will be given to the Customer.
8. Trial Period
CreativeScore may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You will not be required to enter your billing information in order to sign up for the Free Trial but this is subject to modification as per CreativeScore Free Trial terms.
The Free Trail period will not exceed 7 days unless subsequently modified and activity usage levels will be capped according the terms as identified at the time of trial.
The Free Trail period will not exceed 7 days unless subsequently modified and activity usage levels will be capped according the terms as identified at the time of trial.If you do enter your billing information when signing up for the Free Trial period, you will not be charged by CreativeScore until the Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected if billing information has been provided.
CreativeScore undertake to notify the “System Admin User” prior to end of the Free Trial period and inform the “System Admin User” utilization of the tokens consumed via the website token balance. In the event that the Free Trail tokens have not be consumed the balance remaining at the end of the Free Trail period will be forfeit.
At any time and without notice, CreativeScore reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.
9. User Content
- You retain ownership of your User Content but grant us a license to use, store, and process your content to provide the Services.
- You warrant that your User Content does not infringe the intellectual property rights of any third party and complies with all applicable laws.
- We have the right to remove any content that violates these Terms or is deemed inappropriate, at our discretion.
10. Data Protection and Privacy
- We are committed to protecting your privacy. Our Privacy Policy outlines how we collect, store, and process your personal data.
- We will comply with the UK General Data Protection Regulation (GDPR) and other relevant privacy laws.
- By using the Services, you agree to the collection and use of your data in accordance with our Privacy Policy.
11. Artificial Intelligence (AI) Services
11.1 In certain areas of our software, we use artificial intelligence (AI), specifically models from Llama, Google and Claude to enable functionalities including but not limited to CreativeScore analysis, the generation of proprietary LLMs, optimization and recommendation suggestions. The AI models are used to enable an automated analysis and evaluation of the customer materials based on CreativeScore defined criteria using the information provided to us on the marketing communications in general and on specific touchpoints. Based on this evaluation, the AI models then create specific suggestions for improving and optimizing the evaluated content. These AI models are trained on the basis of a large amount of data and can recognize and react to patterns in order to provide high-quality services.
11.2 CreativeScore does not by design transmit personal data such as names or email addresses to the AI models but cannot guarantee this due to Users uploaded customer content which can include content data, images and videos.
11.3 We have entered into a data processing agreement with the providers of the AI services in accordance with the requirements of Art. 28 GDPR, in which we oblige them to protect our customers’ data and not to share it with third parties. All data transmitted to the AI is treated, forwarded, and processed confidentially in accordance with the terms and conditions of the AI providers. You can find the terms and conditions of the AI model providers and information on data protection on their websites
11.4 According to the data protection guidelines of the AI provider available to us, the data transmitted to the AI will not be used for the training of their AI models but as per 11.1 could be applied to refining CreativeScore proprietary LLMs and analysis. Please note though that the data processing practices of AI providers may change. We recommend that you regularly check the data protection guidelines of the AI providers including those identified in 11.1
11.5 Despite careful development and implementation, AI systems can make mistakes. We do not accept any liability for decisions you make based on the information provided by the AI. It is your responsibility to assess the context and reliability of the information provided by the AI.
11.6 By using our services, you accept that we use AI models and agree to the associated terms and conditions.
12. Intellectual Property
- We own all rights, title, and interest in and to the Services, including any software, technology, and content provided by CreativeScore.
- It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of CreativeScore.
- CreativeScore personally grants to Users the non-exclusive, non-transferable right to use the Website and/or the Platform and any related software. They are prohibited - directly or indirectly - from copying, modifying, creating a derivative work, reverse engineering, disassembling or otherwise attempting to obtain the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights to the Website, the Platform, the Services or the related software.
- In case of non-compliant or abusive use of the Intellectual Property, reserves the right to take any legal action to stop the infringement of its intellectual property rights and to cancel the subscription and/or deactivate Users’ Accounts in accordance with the conditions stated in these terms of services.
Protection of Proprietary Technology:
- All algorithms, AI models, and technology used within CreativeScore are proprietary and exclusively owned by Creative Effectiveness Limited. Users are granted limited, non-transferable rights to use the outputs generated by these systems solely for their own commercial use. Users are prohibited from copying, modifying, reverse engineering, or disassembling the AI models or technology.
13. Publicity And Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at customerservice@creativescore.ai.
License Grant: You agree that we may use on a non-exclusive, royalty-free, worldwide basis your company name and logo in our marketing materials, including but not limited to our website, brochures, social media accounts, and other promotional materials, to identify you as a customer of CreativeScore. This may include case studies, testimonials, and other promotional content.
You may request a review and approve any materials featuring your company’s information prior to their publication and retain the right to opt-out of the above-mentioned license grant. Should a user wish to exercise this right, they must notify CreativeScore in writing. Upon receipt of such a request, CreativeScore shall cease the use of the respective Brand Assets within a reasonable timeframe, not exceeding thirty (30) days, unless otherwise stipulated by mutual agreement between the parties.
14. Service Availability and Maintenance
- The Services are accessible via the Website and/or the Application twenty-four (24) hours a day, seven (7) days a week.
- We strive to provide uninterrupted access to the Services but cannot guarantee that the Services will be available at all times. We reserve the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular to carry out corrective or ongoing maintenance or to develop the content or presentation
- We will notify you of planned maintenance whenever possible.
- Users recognise that the Services may be interrupted for reasons beyond our control and CreativeScore cannot guarantee continued access to the Services.
- In all cases, CreativeScore may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
- Users are requested to inform CreativeScore of any technical issue they encounter when browsing and/or using the Services by sending an email to the following email address and describing the issue encountered: customerservice@creativescore.ai
15. Limitation of Liability
- To the fullest extent permitted by applicable law, CreativeScore will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; or (iv) any errors or omissions in any content.
- Our liability for any claims arising from the Services is limited to the total amount paid by you for the Services during the six months preceding the event giving rise to the claim.
16. Indemnity
You agree to indemnify and hold Creative Effectiveness Limited trading as CreativeScores harmless from any claims, losses, damages, liabilities, and expenses arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.
17. Termination
-
A User’s Account is active so long as:
- It is registered on the Website and/or the Application;
- It pays for a subscription to the Services of Creative Effectiveness Limited
- You may cancel your subscription at any time through your account settings. As soon as a User stops paying for its subscription, access to the Services is disabled.
- The cancellation of the subscription and/or the deletion of an Account is final as the Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered.
- The cancellation of the subscription and/or the deletion of an Account does not prevent Users from re-registering and creating another Account.
- We may suspend or terminate your account if we believe you have violated these Terms or engaged in any unlawful activity.
18. Force Majeure
We will not be liable for any failure to perform its obligations under these Terms due to events beyond our reasonable control, such as natural disasters, acts of war, terrorism, or technical failures.
19. Governing Law and Dispute Resolution
- These Terms are governed by the laws of England and Wales.
- Any disputes arising under these Terms will be resolved through binding arbitration in England And Wales under the rules of the Arbitration Act 1996, or by a court in England and Wales.
20. Changes to Terms
We may update these Terms from time to time. When we do, we will notify you of any significant changes, and the revised Terms will be posted on our website. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.
21. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
22. Contact Us
If you have any questions about these Terms, please contact us at:
Company Name: Creative Effectiveness Limited trading as CreativeScore
Company Address: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Email: customerservice@creativescore.ai