PREAMBLE
1. Preamble
1.1 All Services of Creatives Dashboard, whether paid or free, are supplied subject to these Terms:
(a) Part I applies to all Services (including access to the Software).
(b) Part II applies to Service Levels, Support & Security.
(c) Part III applies to Professional Services (e.g., onboarding, configuration, custom work), if ordered.
PART I — GENERAL CLAUSES (SaaS)
2. Definitions
2.1 “Creatives Dashboard” means Creatives Dashboard and its successors/assigns.
2.2 “Client” means the customer identified on an Order Form or in the online checkout, including anyone acting under the Client’s authority.
2.3 “Authorized Users” means individuals the Client permits to use the Service under Client’s account.
2.4 “Service / Software” means Creatives Dashboard’s online business management software (and related websites, mobile apps, APIs, documentation, and dashboards) provided as a hosted, subscription-based service.
2.5 “Order Form” means any ordering document, online sign-up, or checkout that references these Terms (includes plan, term, quantities, and fees).
2.6 “Subscription Term” means the initial and any renewal period for Client’s subscription as stated on the Order Form.
2.7 “Client Data” means any data, files, or materials submitted to or processed by the Service for Client (including data generated by Client’s use).
2.8 “Confidential Information” has the meaning in clause 20.
2.9 “Fees” means the amounts payable for the Service and any Professional Services, plus applicable taxes.
2.10 “Acceptable Use Policy (AUP)” means Creatives Dashboard’s usage rules referenced on its website and incorporated herein.
3. Acceptance & Term
3.1 By creating an account, submitting an Order Form, or using the Service, Client accepts these Terms.
3.2 If more than one party is listed as Client, all are jointly and severally liable for Fees.
3.3 The Agreement runs for the Subscription Term selected and auto-renews for equal periods unless either party gives written non-renewal notice at least 30 days before the end of the then-current term.
3.4 Client must keep its account details current (billing contact, address, payment method, etc.).
3.5 These Terms incorporate the AUP and any Service-specific policies published by Creatives Dashboard. In case of conflict, these Terms control.
4. Fees & Payment
4.1 Fees are as set out on the Order Form or current price list; taxes are additional.
4.2 Unless stated otherwise, Fees are in advance, non-refundable, and non-cancellable during a Subscription Term.
4.3 Overages (e.g., usage beyond plan limits), add-ons, and Professional Services are billed as incurred.
4.4 Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law), plus reasonable collection costs.
4.5 Creatives Dashboard may suspend the Service for unpaid Fees after prior notice to the billing contact.
5. Access & Use Rights
5.1 Subject to payment and compliance, Creatives Dashboard grants Client a non-exclusive, non-transferable, limited right for Authorized Users to access and use the Service during the Subscription Term, solely for Client’s internal business purposes.
5.2 Client shall: (a) be responsible for its Users’ compliance; (b) maintain the confidentiality of access credentials; (c) promptly notify Creatives Dashboard of any unauthorized use; (d) use the Service in accordance with the AUP and applicable law.
5.3 Client shall not: (a) resell, lease, sublicense, or provide the Service to third parties; (b) reverse engineer or attempt to access the Service’s source code; (c) bypass usage limits; (d) use the Service to store or transmit malicious code or unlawful content; (e) use the Service for competitive benchmarking or to build a competing product.
6. Client Data; Data Portability
6.1 Ownership: As between the parties, Client owns Client Data.
6.2 License to Host & Process: Client grants Creatives Dashboard a non-exclusive, worldwide license to host, copy, process, transmit, and display Client Data to provide and support the Service (and to improve security, stability, and performance).
6.3 Data Export: During the Subscription Term, Client may export its standard data sets via available export tools or API. For post-termination exports, see clause 17.4.
7. Third-Party Services & Integrations
7.1 The Service may integrate with third-party services (e.g., payment gateways, email, accounting). Client’s use of such services is governed by the third party’s terms; Creatives Dashboard is not responsible for third-party services.
7.2 Client authorizes Creatives Dashboard to exchange data with enabled integrations as necessary to provide the functionality.
8. Service Changes
8.1 Creatives Dashboard may update features, functions, or UI from time to time (including Beta features). Material changes that reduce core functionality of a paid plan will be communicated in advance where reasonable.
8.2 Beta or preview features are provided as-is without commitments and may be withdrawn.
9. Warranties & Disclaimers
9.1 Creatives Dashboard warrants it will provide the Service in a professional and workmanlike manner.
9.2 Except as expressly stated, the Service is provided “as is”. Creatives Dashboard disclaims all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. Creatives Dashboard does not warrant that the Service will be error-free or uninterrupted.
10. Indemnification
10.1 By Client: Client will defend and indemnify Creatives Dashboard against third-party claims arising from (a) Client Data; (b) Client’s use of the Service in violation of law or the AUP; (c) any allegation that Creatives Dashboard used Client-provided materials as permitted and such use infringes third-party rights.
10.2 By Creatives Dashboard: Creatives Dashboard will defend and indemnify Client against third-party claims alleging that the Service (as provided by Creatives Dashboard) infringes a third-party IP right, provided Client promptly notifies Creatives Dashboard and cooperates. Creatives Dashboard may: (i) modify the Service; (ii) procure rights; or (iii) terminate the affected feature and refund pre-paid Fees for the unused remainder of the Term for that feature. No obligation applies to claims arising from Client Data, combinations not provided by Creatives Dashboard, or use contrary to documentation.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/goodwill, even if advised of the possibility.
11.2 Except for payment obligations and indemnities, each party’s total aggregate liability under this Agreement shall not exceed the amount paid by Client to Creatives Dashboard in the 12 months preceding the event giving rise to the claim.
12. Intellectual Property
12.1 Except for the limited rights expressly granted, no rights are transferred. Creatives Dashboard and its licensors own all rights in the Service, software, documentation, designs, and know-how.
12.2 Feedback may be used by Creatives Dashboard without restriction or obligation.
13. Confidentiality
13.1 Each party will protect the other’s Confidential Information with reasonable care and use it only to perform this Agreement.
13.2 Exclusions: information that is public, independently developed, or rightfully received without restriction.
13.3 Disclosures required by law are permitted with prior notice where lawful.
13.4 These obligations survive for three (3) years after termination (and perpetually for trade secrets).
14. Privacy & Data Protection
14.1 Creatives Dashboard will process Client Data in accordance with its Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
14.2 Client is responsible for obtaining all consents necessary to lawfully submit and process Client Data in the Service.
15. Suspension
15.1 Creatives Dashboard may temporarily suspend access if: (a) required by law; (b) there is a security risk; (c) Client’s use materially violates the AUP; or (d) Fees are overdue. Creatives Dashboard will lift the suspension when the issue is resolved.
16. Taxes
16.1 Fees exclude taxes; Client is responsible for all applicable taxes, duties, levies (other than taxes based on Creatives Dashboard’s income).
17. Termination
17.1 Either party may terminate for material breach not cured within 30 days of written notice.
17.2 Creatives Dashboard may terminate immediately if Client becomes insolvent or ceases business.
17.3 Upon termination or non-renewal, Client’s access ends and all outstanding Fees become due.
17.4 Data Retrieval: For 30 days after termination (unless for non-payment), Client may request a standard export of its data; after that, Creatives Dashboard may delete Client Data per its retention policy.
18. Publicity
18.1 Creatives Dashboard may use Client’s name and logo in a standard customer list or case study, unless Client opts out in writing.
19. Notices
19.1 Notices may be sent by email to designated contacts or through in-app notifications and are deemed given when sent.
20. General
20.1 If any provision is unenforceable, the rest remain effective.
20.2 Neither party is liable for delays due to events beyond reasonable control (force majeure).
20.3 Client may not assign this Agreement without Creatives Dashboard’s consent; Creatives Dashboard may assign to an affiliate or in connection with a merger or sale.
20.4 This Agreement, the Order Form, AUP, Privacy Policy, and DPA (if any) are the entire agreement and supersede prior terms.
20.5 Governing Law & Venue: [Insert governing law and courts].
20.6 No waiver is effective unless in writing. No third-party beneficiaries.
PART II — SERVICE LEVELS, SUPPORT & SECURITY
21. Availability
21.1 Creatives Dashboard targets 99.5% monthly uptime excluding: planned maintenance (with reasonable notice), emergency maintenance, force majeure, Client issues, or third-party failures outside Creatives Dashboard’s control.
22. Support
22.1 Standard support is available during business hours via email/ticket. Enhanced SLAs may be purchased.
23. Security & Backups
23.1 Creatives Dashboard maintains administrative, physical, and technical safeguards appropriate for a modern SaaS platform.
23.2 Regular backups are performed on a rolling schedule for disaster recovery; backups are not a substitute for Client exports.
24. Usage Limits & Fair Use
24.1 Plans may include limits (users, storage, API calls, emails, projects). Exceeding limits may incur overage Fees or require a plan upgrade.
PART III — PROFESSIONAL SERVICES (IF APPLICABLE)
25. Scope & Delivery
25.1 If ordered, Creatives Dashboard will deliver onboarding, configuration, migration, training, or custom work as described in a Statement of Work (SOW) or Order Form.
25.2 Client will provide timely access, information, and decisions necessary to perform the services.
26. Acceptance
26.1 Deliverables are deemed accepted upon the earlier of: (a) Client’s written acceptance; or (b) 7 days after delivery without a written rejection detailing non-conformities.
27. IP in Deliverables
27.1 Unless expressly stated otherwise, any templates, scripts, or configuration created while delivering Professional Services may be reused by Creatives Dashboard and remain Creatives Dashboard IP; Client receives a non-exclusive right to use them with the Service.
PREAMBLE
1. Preamble
1.1 All Services of Creatives Dashboard, whether paid or free, are supplied subject to these Terms:
(a) Part I applies to all Services (including access to the Software).
(b) Part II applies to Service Levels, Support & Security.
(c) Part III applies to Professional Services (e.g., onboarding, configuration, custom work), if ordered.
PART I — GENERAL CLAUSES (SaaS)
2. Definitions
2.1 “Creatives Dashboard” means Creatives Dashboard and its successors/assigns.
2.2 “Client” means the customer identified on an Order Form or in the online checkout, including anyone acting under the Client’s authority.
2.3 “Authorized Users” means individuals the Client permits to use the Service under Client’s account.
2.4 “Service / Software” means Creatives Dashboard’s online business management software (and related websites, mobile apps, APIs, documentation, and dashboards) provided as a hosted, subscription-based service.
2.5 “Order Form” means any ordering document, online sign-up, or checkout that references these Terms (includes plan, term, quantities, and fees).
2.6 “Subscription Term” means the initial and any renewal period for Client’s subscription as stated on the Order Form.
2.7 “Client Data” means any data, files, or materials submitted to or processed by the Service for Client (including data generated by Client’s use).
2.8 “Confidential Information” has the meaning in clause 20.
2.9 “Fees” means the amounts payable for the Service and any Professional Services, plus applicable taxes.
2.10 “Acceptable Use Policy (AUP)” means Creatives Dashboard’s usage rules referenced on its website and incorporated herein.
3. Acceptance & Term
3.1 By creating an account, submitting an Order Form, or using the Service, Client accepts these Terms.
3.2 If more than one party is listed as Client, all are jointly and severally liable for Fees.
3.3 The Agreement runs for the Subscription Term selected and auto-renews for equal periods unless either party gives written non-renewal notice at least 30 days before the end of the then-current term.
3.4 Client must keep its account details current (billing contact, address, payment method, etc.).
3.5 These Terms incorporate the AUP and any Service-specific policies published by Creatives Dashboard. In case of conflict, these Terms control.
4. Fees & Payment
4.1 Fees are as set out on the Order Form or current price list; taxes are additional.
4.2 Unless stated otherwise, Fees are in advance, non-refundable, and non-cancellable during a Subscription Term.
4.3 Overages (e.g., usage beyond plan limits), add-ons, and Professional Services are billed as incurred.
4.4 Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law), plus reasonable collection costs.
4.5 Creatives Dashboard may suspend the Service for unpaid Fees after prior notice to the billing contact.
5. Access & Use Rights
5.1 Subject to payment and compliance, Creatives Dashboard grants Client a non-exclusive, non-transferable, limited right for Authorized Users to access and use the Service during the Subscription Term, solely for Client’s internal business purposes.
5.2 Client shall: (a) be responsible for its Users’ compliance; (b) maintain the confidentiality of access credentials; (c) promptly notify Creatives Dashboard of any unauthorized use; (d) use the Service in accordance with the AUP and applicable law.
5.3 Client shall not: (a) resell, lease, sublicense, or provide the Service to third parties; (b) reverse engineer or attempt to access the Service’s source code; (c) bypass usage limits; (d) use the Service to store or transmit malicious code or unlawful content; (e) use the Service for competitive benchmarking or to build a competing product.
6. Client Data; Data Portability
6.1 Ownership: As between the parties, Client owns Client Data.
6.2 License to Host & Process: Client grants Creatives Dashboard a non-exclusive, worldwide license to host, copy, process, transmit, and display Client Data to provide and support the Service (and to improve security, stability, and performance).
6.3 Data Export: During the Subscription Term, Client may export its standard data sets via available export tools or API. For post-termination exports, see clause 17.4.
7. Third-Party Services & Integrations
7.1 The Service may integrate with third-party services (e.g., payment gateways, email, accounting). Client’s use of such services is governed by the third party’s terms; Creatives Dashboard is not responsible for third-party services.
7.2 Client authorizes Creatives Dashboard to exchange data with enabled integrations as necessary to provide the functionality.
8. Service Changes
8.1 Creatives Dashboard may update features, functions, or UI from time to time (including Beta features). Material changes that reduce core functionality of a paid plan will be communicated in advance where reasonable.
8.2 Beta or preview features are provided as-is without commitments and may be withdrawn.
9. Warranties & Disclaimers
9.1 Creatives Dashboard warrants it will provide the Service in a professional and workmanlike manner.
9.2 Except as expressly stated, the Service is provided “as is”. Creatives Dashboard disclaims all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. Creatives Dashboard does not warrant that the Service will be error-free or uninterrupted.
10. Indemnification
10.1 By Client: Client will defend and indemnify Creatives Dashboard against third-party claims arising from (a) Client Data; (b) Client’s use of the Service in violation of law or the AUP; (c) any allegation that Creatives Dashboard used Client-provided materials as permitted and such use infringes third-party rights.
10.2 By Creatives Dashboard: Creatives Dashboard will defend and indemnify Client against third-party claims alleging that the Service (as provided by Creatives Dashboard) infringes a third-party IP right, provided Client promptly notifies Creatives Dashboard and cooperates. Creatives Dashboard may: (i) modify the Service; (ii) procure rights; or (iii) terminate the affected feature and refund pre-paid Fees for the unused remainder of the Term for that feature. No obligation applies to claims arising from Client Data, combinations not provided by Creatives Dashboard, or use contrary to documentation.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/goodwill, even if advised of the possibility.
11.2 Except for payment obligations and indemnities, each party’s total aggregate liability under this Agreement shall not exceed the amount paid by Client to Creatives Dashboard in the 12 months preceding the event giving rise to the claim.
12. Intellectual Property
12.1 Except for the limited rights expressly granted, no rights are transferred. Creatives Dashboard and its licensors own all rights in the Service, software, documentation, designs, and know-how.
12.2 Feedback may be used by Creatives Dashboard without restriction or obligation.
13. Confidentiality
13.1 Each party will protect the other’s Confidential Information with reasonable care and use it only to perform this Agreement.
13.2 Exclusions: information that is public, independently developed, or rightfully received without restriction.
13.3 Disclosures required by law are permitted with prior notice where lawful.
13.4 These obligations survive for three (3) years after termination (and perpetually for trade secrets).
14. Privacy & Data Protection
14.1 Creatives Dashboard will process Client Data in accordance with its Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
14.2 Client is responsible for obtaining all consents necessary to lawfully submit and process Client Data in the Service.
15. Suspension
15.1 Creatives Dashboard may temporarily suspend access if: (a) required by law; (b) there is a security risk; (c) Client’s use materially violates the AUP; or (d) Fees are overdue. Creatives Dashboard will lift the suspension when the issue is resolved.
16. Taxes
16.1 Fees exclude taxes; Client is responsible for all applicable taxes, duties, levies (other than taxes based on Creatives Dashboard’s income).
17. Termination
17.1 Either party may terminate for material breach not cured within 30 days of written notice.
17.2 Creatives Dashboard may terminate immediately if Client becomes insolvent or ceases business.
17.3 Upon termination or non-renewal, Client’s access ends and all outstanding Fees become due.
17.4 Data Retrieval: For 30 days after termination (unless for non-payment), Client may request a standard export of its data; after that, Creatives Dashboard may delete Client Data per its retention policy.
18. Publicity
18.1 Creatives Dashboard may use Client’s name and logo in a standard customer list or case study, unless Client opts out in writing.
19. Notices
19.1 Notices may be sent by email to designated contacts or through in-app notifications and are deemed given when sent.
20. General
20.1 If any provision is unenforceable, the rest remain effective.
20.2 Neither party is liable for delays due to events beyond reasonable control (force majeure).
20.3 Client may not assign this Agreement without Creatives Dashboard’s consent; Creatives Dashboard may assign to an affiliate or in connection with a merger or sale.
20.4 This Agreement, the Order Form, AUP, Privacy Policy, and DPA (if any) are the entire agreement and supersede prior terms.
20.5 Governing Law & Venue: [Insert governing law and courts].
20.6 No waiver is effective unless in writing. No third-party beneficiaries.
PART II — SERVICE LEVELS, SUPPORT & SECURITY
21. Availability
21.1 Creatives Dashboard targets 99.5% monthly uptime excluding: planned maintenance (with reasonable notice), emergency maintenance, force majeure, Client issues, or third-party failures outside Creatives Dashboard’s control.
22. Support
22.1 Standard support is available during business hours via email/ticket. Enhanced SLAs may be purchased.
23. Security & Backups
23.1 Creatives Dashboard maintains administrative, physical, and technical safeguards appropriate for a modern SaaS platform.
23.2 Regular backups are performed on a rolling schedule for disaster recovery; backups are not a substitute for Client exports.
24. Usage Limits & Fair Use
24.1 Plans may include limits (users, storage, API calls, emails, projects). Exceeding limits may incur overage Fees or require a plan upgrade.
PART III — PROFESSIONAL SERVICES (IF APPLICABLE)
25. Scope & Delivery
25.1 If ordered, Creatives Dashboard will deliver onboarding, configuration, migration, training, or custom work as described in a Statement of Work (SOW) or Order Form.
25.2 Client will provide timely access, information, and decisions necessary to perform the services.
26. Acceptance
26.1 Deliverables are deemed accepted upon the earlier of: (a) Client’s written acceptance; or (b) 7 days after delivery without a written rejection detailing non-conformities.
27. IP in Deliverables
27.1 Unless expressly stated otherwise, any templates, scripts, or configuration created while delivering Professional Services may be reused by Creatives Dashboard and remain Creatives Dashboard IP; Client receives a non-exclusive right to use them with the Service.
PREAMBLE
1. Preamble
1.1 All Services of Creatives Dashboard, whether paid or free, are supplied subject to these Terms:
(a) Part I applies to all Services (including access to the Software).
(b) Part II applies to Service Levels, Support & Security.
(c) Part III applies to Professional Services (e.g., onboarding, configuration, custom work), if ordered.
PART I — GENERAL CLAUSES (SaaS)
2. Definitions
2.1 “Creatives Dashboard” means Creatives Dashboard and its successors/assigns.
2.2 “Client” means the customer identified on an Order Form or in the online checkout, including anyone acting under the Client’s authority.
2.3 “Authorized Users” means individuals the Client permits to use the Service under Client’s account.
2.4 “Service / Software” means Creatives Dashboard’s online business management software (and related websites, mobile apps, APIs, documentation, and dashboards) provided as a hosted, subscription-based service.
2.5 “Order Form” means any ordering document, online sign-up, or checkout that references these Terms (includes plan, term, quantities, and fees).
2.6 “Subscription Term” means the initial and any renewal period for Client’s subscription as stated on the Order Form.
2.7 “Client Data” means any data, files, or materials submitted to or processed by the Service for Client (including data generated by Client’s use).
2.8 “Confidential Information” has the meaning in clause 20.
2.9 “Fees” means the amounts payable for the Service and any Professional Services, plus applicable taxes.
2.10 “Acceptable Use Policy (AUP)” means Creatives Dashboard’s usage rules referenced on its website and incorporated herein.
3. Acceptance & Term
3.1 By creating an account, submitting an Order Form, or using the Service, Client accepts these Terms.
3.2 If more than one party is listed as Client, all are jointly and severally liable for Fees.
3.3 The Agreement runs for the Subscription Term selected and auto-renews for equal periods unless either party gives written non-renewal notice at least 30 days before the end of the then-current term.
3.4 Client must keep its account details current (billing contact, address, payment method, etc.).
3.5 These Terms incorporate the AUP and any Service-specific policies published by Creatives Dashboard. In case of conflict, these Terms control.
4. Fees & Payment
4.1 Fees are as set out on the Order Form or current price list; taxes are additional.
4.2 Unless stated otherwise, Fees are in advance, non-refundable, and non-cancellable during a Subscription Term.
4.3 Overages (e.g., usage beyond plan limits), add-ons, and Professional Services are billed as incurred.
4.4 Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law), plus reasonable collection costs.
4.5 Creatives Dashboard may suspend the Service for unpaid Fees after prior notice to the billing contact.
5. Access & Use Rights
5.1 Subject to payment and compliance, Creatives Dashboard grants Client a non-exclusive, non-transferable, limited right for Authorized Users to access and use the Service during the Subscription Term, solely for Client’s internal business purposes.
5.2 Client shall: (a) be responsible for its Users’ compliance; (b) maintain the confidentiality of access credentials; (c) promptly notify Creatives Dashboard of any unauthorized use; (d) use the Service in accordance with the AUP and applicable law.
5.3 Client shall not: (a) resell, lease, sublicense, or provide the Service to third parties; (b) reverse engineer or attempt to access the Service’s source code; (c) bypass usage limits; (d) use the Service to store or transmit malicious code or unlawful content; (e) use the Service for competitive benchmarking or to build a competing product.
6. Client Data; Data Portability
6.1 Ownership: As between the parties, Client owns Client Data.
6.2 License to Host & Process: Client grants Creatives Dashboard a non-exclusive, worldwide license to host, copy, process, transmit, and display Client Data to provide and support the Service (and to improve security, stability, and performance).
6.3 Data Export: During the Subscription Term, Client may export its standard data sets via available export tools or API. For post-termination exports, see clause 17.4.
7. Third-Party Services & Integrations
7.1 The Service may integrate with third-party services (e.g., payment gateways, email, accounting). Client’s use of such services is governed by the third party’s terms; Creatives Dashboard is not responsible for third-party services.
7.2 Client authorizes Creatives Dashboard to exchange data with enabled integrations as necessary to provide the functionality.
8. Service Changes
8.1 Creatives Dashboard may update features, functions, or UI from time to time (including Beta features). Material changes that reduce core functionality of a paid plan will be communicated in advance where reasonable.
8.2 Beta or preview features are provided as-is without commitments and may be withdrawn.
9. Warranties & Disclaimers
9.1 Creatives Dashboard warrants it will provide the Service in a professional and workmanlike manner.
9.2 Except as expressly stated, the Service is provided “as is”. Creatives Dashboard disclaims all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. Creatives Dashboard does not warrant that the Service will be error-free or uninterrupted.
10. Indemnification
10.1 By Client: Client will defend and indemnify Creatives Dashboard against third-party claims arising from (a) Client Data; (b) Client’s use of the Service in violation of law or the AUP; (c) any allegation that Creatives Dashboard used Client-provided materials as permitted and such use infringes third-party rights.
10.2 By Creatives Dashboard: Creatives Dashboard will defend and indemnify Client against third-party claims alleging that the Service (as provided by Creatives Dashboard) infringes a third-party IP right, provided Client promptly notifies Creatives Dashboard and cooperates. Creatives Dashboard may: (i) modify the Service; (ii) procure rights; or (iii) terminate the affected feature and refund pre-paid Fees for the unused remainder of the Term for that feature. No obligation applies to claims arising from Client Data, combinations not provided by Creatives Dashboard, or use contrary to documentation.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/goodwill, even if advised of the possibility.
11.2 Except for payment obligations and indemnities, each party’s total aggregate liability under this Agreement shall not exceed the amount paid by Client to Creatives Dashboard in the 12 months preceding the event giving rise to the claim.
12. Intellectual Property
12.1 Except for the limited rights expressly granted, no rights are transferred. Creatives Dashboard and its licensors own all rights in the Service, software, documentation, designs, and know-how.
12.2 Feedback may be used by Creatives Dashboard without restriction or obligation.
13. Confidentiality
13.1 Each party will protect the other’s Confidential Information with reasonable care and use it only to perform this Agreement.
13.2 Exclusions: information that is public, independently developed, or rightfully received without restriction.
13.3 Disclosures required by law are permitted with prior notice where lawful.
13.4 These obligations survive for three (3) years after termination (and perpetually for trade secrets).
14. Privacy & Data Protection
14.1 Creatives Dashboard will process Client Data in accordance with its Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
14.2 Client is responsible for obtaining all consents necessary to lawfully submit and process Client Data in the Service.
15. Suspension
15.1 Creatives Dashboard may temporarily suspend access if: (a) required by law; (b) there is a security risk; (c) Client’s use materially violates the AUP; or (d) Fees are overdue. Creatives Dashboard will lift the suspension when the issue is resolved.
16. Taxes
16.1 Fees exclude taxes; Client is responsible for all applicable taxes, duties, levies (other than taxes based on Creatives Dashboard’s income).
17. Termination
17.1 Either party may terminate for material breach not cured within 30 days of written notice.
17.2 Creatives Dashboard may terminate immediately if Client becomes insolvent or ceases business.
17.3 Upon termination or non-renewal, Client’s access ends and all outstanding Fees become due.
17.4 Data Retrieval: For 30 days after termination (unless for non-payment), Client may request a standard export of its data; after that, Creatives Dashboard may delete Client Data per its retention policy.
18. Publicity
18.1 Creatives Dashboard may use Client’s name and logo in a standard customer list or case study, unless Client opts out in writing.
19. Notices
19.1 Notices may be sent by email to designated contacts or through in-app notifications and are deemed given when sent.
20. General
20.1 If any provision is unenforceable, the rest remain effective.
20.2 Neither party is liable for delays due to events beyond reasonable control (force majeure).
20.3 Client may not assign this Agreement without Creatives Dashboard’s consent; Creatives Dashboard may assign to an affiliate or in connection with a merger or sale.
20.4 This Agreement, the Order Form, AUP, Privacy Policy, and DPA (if any) are the entire agreement and supersede prior terms.
20.5 Governing Law & Venue: [Insert governing law and courts].
20.6 No waiver is effective unless in writing. No third-party beneficiaries.
PART II — SERVICE LEVELS, SUPPORT & SECURITY
21. Availability
21.1 Creatives Dashboard targets 99.5% monthly uptime excluding: planned maintenance (with reasonable notice), emergency maintenance, force majeure, Client issues, or third-party failures outside Creatives Dashboard’s control.
22. Support
22.1 Standard support is available during business hours via email/ticket. Enhanced SLAs may be purchased.
23. Security & Backups
23.1 Creatives Dashboard maintains administrative, physical, and technical safeguards appropriate for a modern SaaS platform.
23.2 Regular backups are performed on a rolling schedule for disaster recovery; backups are not a substitute for Client exports.
24. Usage Limits & Fair Use
24.1 Plans may include limits (users, storage, API calls, emails, projects). Exceeding limits may incur overage Fees or require a plan upgrade.
PART III — PROFESSIONAL SERVICES (IF APPLICABLE)
25. Scope & Delivery
25.1 If ordered, Creatives Dashboard will deliver onboarding, configuration, migration, training, or custom work as described in a Statement of Work (SOW) or Order Form.
25.2 Client will provide timely access, information, and decisions necessary to perform the services.
26. Acceptance
26.1 Deliverables are deemed accepted upon the earlier of: (a) Client’s written acceptance; or (b) 7 days after delivery without a written rejection detailing non-conformities.
27. IP in Deliverables
27.1 Unless expressly stated otherwise, any templates, scripts, or configuration created while delivering Professional Services may be reused by Creatives Dashboard and remain Creatives Dashboard IP; Client receives a non-exclusive right to use them with the Service.
PREAMBLE
1. Preamble
1.1 All Services of Creatives Dashboard, whether paid or free, are supplied subject to these Terms:
(a) Part I applies to all Services (including access to the Software).
(b) Part II applies to Service Levels, Support & Security.
(c) Part III applies to Professional Services (e.g., onboarding, configuration, custom work), if ordered.
PART I — GENERAL CLAUSES (SaaS)
2. Definitions
2.1 “Creatives Dashboard” means Creatives Dashboard and its successors/assigns.
2.2 “Client” means the customer identified on an Order Form or in the online checkout, including anyone acting under the Client’s authority.
2.3 “Authorized Users” means individuals the Client permits to use the Service under Client’s account.
2.4 “Service / Software” means Creatives Dashboard’s online business management software (and related websites, mobile apps, APIs, documentation, and dashboards) provided as a hosted, subscription-based service.
2.5 “Order Form” means any ordering document, online sign-up, or checkout that references these Terms (includes plan, term, quantities, and fees).
2.6 “Subscription Term” means the initial and any renewal period for Client’s subscription as stated on the Order Form.
2.7 “Client Data” means any data, files, or materials submitted to or processed by the Service for Client (including data generated by Client’s use).
2.8 “Confidential Information” has the meaning in clause 20.
2.9 “Fees” means the amounts payable for the Service and any Professional Services, plus applicable taxes.
2.10 “Acceptable Use Policy (AUP)” means Creatives Dashboard’s usage rules referenced on its website and incorporated herein.
3. Acceptance & Term
3.1 By creating an account, submitting an Order Form, or using the Service, Client accepts these Terms.
3.2 If more than one party is listed as Client, all are jointly and severally liable for Fees.
3.3 The Agreement runs for the Subscription Term selected and auto-renews for equal periods unless either party gives written non-renewal notice at least 30 days before the end of the then-current term.
3.4 Client must keep its account details current (billing contact, address, payment method, etc.).
3.5 These Terms incorporate the AUP and any Service-specific policies published by Creatives Dashboard. In case of conflict, these Terms control.
4. Fees & Payment
4.1 Fees are as set out on the Order Form or current price list; taxes are additional.
4.2 Unless stated otherwise, Fees are in advance, non-refundable, and non-cancellable during a Subscription Term.
4.3 Overages (e.g., usage beyond plan limits), add-ons, and Professional Services are billed as incurred.
4.4 Late amounts may accrue interest at 1.5% per month (or the maximum allowed by law), plus reasonable collection costs.
4.5 Creatives Dashboard may suspend the Service for unpaid Fees after prior notice to the billing contact.
5. Access & Use Rights
5.1 Subject to payment and compliance, Creatives Dashboard grants Client a non-exclusive, non-transferable, limited right for Authorized Users to access and use the Service during the Subscription Term, solely for Client’s internal business purposes.
5.2 Client shall: (a) be responsible for its Users’ compliance; (b) maintain the confidentiality of access credentials; (c) promptly notify Creatives Dashboard of any unauthorized use; (d) use the Service in accordance with the AUP and applicable law.
5.3 Client shall not: (a) resell, lease, sublicense, or provide the Service to third parties; (b) reverse engineer or attempt to access the Service’s source code; (c) bypass usage limits; (d) use the Service to store or transmit malicious code or unlawful content; (e) use the Service for competitive benchmarking or to build a competing product.
6. Client Data; Data Portability
6.1 Ownership: As between the parties, Client owns Client Data.
6.2 License to Host & Process: Client grants Creatives Dashboard a non-exclusive, worldwide license to host, copy, process, transmit, and display Client Data to provide and support the Service (and to improve security, stability, and performance).
6.3 Data Export: During the Subscription Term, Client may export its standard data sets via available export tools or API. For post-termination exports, see clause 17.4.
7. Third-Party Services & Integrations
7.1 The Service may integrate with third-party services (e.g., payment gateways, email, accounting). Client’s use of such services is governed by the third party’s terms; Creatives Dashboard is not responsible for third-party services.
7.2 Client authorizes Creatives Dashboard to exchange data with enabled integrations as necessary to provide the functionality.
8. Service Changes
8.1 Creatives Dashboard may update features, functions, or UI from time to time (including Beta features). Material changes that reduce core functionality of a paid plan will be communicated in advance where reasonable.
8.2 Beta or preview features are provided as-is without commitments and may be withdrawn.
9. Warranties & Disclaimers
9.1 Creatives Dashboard warrants it will provide the Service in a professional and workmanlike manner.
9.2 Except as expressly stated, the Service is provided “as is”. Creatives Dashboard disclaims all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. Creatives Dashboard does not warrant that the Service will be error-free or uninterrupted.
10. Indemnification
10.1 By Client: Client will defend and indemnify Creatives Dashboard against third-party claims arising from (a) Client Data; (b) Client’s use of the Service in violation of law or the AUP; (c) any allegation that Creatives Dashboard used Client-provided materials as permitted and such use infringes third-party rights.
10.2 By Creatives Dashboard: Creatives Dashboard will defend and indemnify Client against third-party claims alleging that the Service (as provided by Creatives Dashboard) infringes a third-party IP right, provided Client promptly notifies Creatives Dashboard and cooperates. Creatives Dashboard may: (i) modify the Service; (ii) procure rights; or (iii) terminate the affected feature and refund pre-paid Fees for the unused remainder of the Term for that feature. No obligation applies to claims arising from Client Data, combinations not provided by Creatives Dashboard, or use contrary to documentation.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenues/goodwill, even if advised of the possibility.
11.2 Except for payment obligations and indemnities, each party’s total aggregate liability under this Agreement shall not exceed the amount paid by Client to Creatives Dashboard in the 12 months preceding the event giving rise to the claim.
12. Intellectual Property
12.1 Except for the limited rights expressly granted, no rights are transferred. Creatives Dashboard and its licensors own all rights in the Service, software, documentation, designs, and know-how.
12.2 Feedback may be used by Creatives Dashboard without restriction or obligation.
13. Confidentiality
13.1 Each party will protect the other’s Confidential Information with reasonable care and use it only to perform this Agreement.
13.2 Exclusions: information that is public, independently developed, or rightfully received without restriction.
13.3 Disclosures required by law are permitted with prior notice where lawful.
13.4 These obligations survive for three (3) years after termination (and perpetually for trade secrets).
14. Privacy & Data Protection
14.1 Creatives Dashboard will process Client Data in accordance with its Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
14.2 Client is responsible for obtaining all consents necessary to lawfully submit and process Client Data in the Service.
15. Suspension
15.1 Creatives Dashboard may temporarily suspend access if: (a) required by law; (b) there is a security risk; (c) Client’s use materially violates the AUP; or (d) Fees are overdue. Creatives Dashboard will lift the suspension when the issue is resolved.
16. Taxes
16.1 Fees exclude taxes; Client is responsible for all applicable taxes, duties, levies (other than taxes based on Creatives Dashboard’s income).
17. Termination
17.1 Either party may terminate for material breach not cured within 30 days of written notice.
17.2 Creatives Dashboard may terminate immediately if Client becomes insolvent or ceases business.
17.3 Upon termination or non-renewal, Client’s access ends and all outstanding Fees become due.
17.4 Data Retrieval: For 30 days after termination (unless for non-payment), Client may request a standard export of its data; after that, Creatives Dashboard may delete Client Data per its retention policy.
18. Publicity
18.1 Creatives Dashboard may use Client’s name and logo in a standard customer list or case study, unless Client opts out in writing.
19. Notices
19.1 Notices may be sent by email to designated contacts or through in-app notifications and are deemed given when sent.
20. General
20.1 If any provision is unenforceable, the rest remain effective.
20.2 Neither party is liable for delays due to events beyond reasonable control (force majeure).
20.3 Client may not assign this Agreement without Creatives Dashboard’s consent; Creatives Dashboard may assign to an affiliate or in connection with a merger or sale.
20.4 This Agreement, the Order Form, AUP, Privacy Policy, and DPA (if any) are the entire agreement and supersede prior terms.
20.5 Governing Law & Venue: [Insert governing law and courts].
20.6 No waiver is effective unless in writing. No third-party beneficiaries.
PART II — SERVICE LEVELS, SUPPORT & SECURITY
21. Availability
21.1 Creatives Dashboard targets 99.5% monthly uptime excluding: planned maintenance (with reasonable notice), emergency maintenance, force majeure, Client issues, or third-party failures outside Creatives Dashboard’s control.
22. Support
22.1 Standard support is available during business hours via email/ticket. Enhanced SLAs may be purchased.
23. Security & Backups
23.1 Creatives Dashboard maintains administrative, physical, and technical safeguards appropriate for a modern SaaS platform.
23.2 Regular backups are performed on a rolling schedule for disaster recovery; backups are not a substitute for Client exports.
24. Usage Limits & Fair Use
24.1 Plans may include limits (users, storage, API calls, emails, projects). Exceeding limits may incur overage Fees or require a plan upgrade.
PART III — PROFESSIONAL SERVICES (IF APPLICABLE)
25. Scope & Delivery
25.1 If ordered, Creatives Dashboard will deliver onboarding, configuration, migration, training, or custom work as described in a Statement of Work (SOW) or Order Form.
25.2 Client will provide timely access, information, and decisions necessary to perform the services.
26. Acceptance
26.1 Deliverables are deemed accepted upon the earlier of: (a) Client’s written acceptance; or (b) 7 days after delivery without a written rejection detailing non-conformities.
27. IP in Deliverables
27.1 Unless expressly stated otherwise, any templates, scripts, or configuration created while delivering Professional Services may be reused by Creatives Dashboard and remain Creatives Dashboard IP; Client receives a non-exclusive right to use them with the Service.