General Terms & Conditions

1. Operator

This platform is operated by Cre8ify, managed by UPHORIA FZCO, located at Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates. Trade License: 141047 (DSOA). All legal correspondence should be directed to legal@cre8ify.com.

2. Scope of Application

These General Terms and Conditions ("GTC") govern the access to and use of the Cre8ify platform by all users, including Creators, Brands, Affiliates, and visitors. Additional role-specific terms for Brands, Creators, and Affiliates apply alongside these GTC. In case of conflict, the role-specific terms prevail.

3. Purpose of the Platform

Cre8ify connects Brands with Creators for User Generated Content (UGC) production and influencer event collaborations (Golden Circle). The platform also offers an Affiliate Program enabling users to earn commissions by referring new users. Any misuse, unauthorized marketing, or system circumvention is prohibited.

4. Account Creation and Eligibility

Users must be at least 18 years old, provide accurate information, and safeguard their login credentials. You are responsible for all activity under your account. The creation of fake accounts, duplicate accounts, bot-operated accounts, or accounts used for spam is strictly prohibited. Accounts may be rejected or terminated for violations at Cre8ify's discretion. Cre8ify reserves the right to verify user age through appropriate verification methods where required by applicable law.

5. User Conduct

Respectful and lawful behavior is required at all times. Users may not infringe third-party rights, post harmful or illegal content, bypass platform fees, use automated tools or bots to interact with the platform, or solicit off-platform deals with users discovered through Cre8ify.

6. Platform Oversight

Cre8ify may monitor platform activity and take measures including restricting features, removing content, issuing warnings, or suspending/terminating accounts without prior notice if violations are detected.

7. Payment Processing

All financial transactions are processed via Stripe or other authorized payment providers. UPHORIA FZCO is the contractual payment recipient. Users are responsible for their own tax compliance in their respective jurisdictions.

8. Intellectual Property

All platform materials, trademarks, and branding belong to UPHORIA FZCO. Content uploaded by users remains the user's property but is licensed to Cre8ify for platform operations as described in the role-specific terms.

9. Platform Exclusivity

All professional relationships initiated via Cre8ify must remain on the platform. Bypassing the platform to work directly with users discovered through Cre8ify is prohibited and may result in permanent ban and legal action.

10. Privacy and Data Protection

Personal data is processed in accordance with our Data Protection Policy and Cookie Policy, compliant with UAE Federal Decree-Law No. 45 of 2021 (PDPL), GDPR for EU/EEA-based users, UK GDPR for UK-based users, and other applicable data protection laws in the jurisdictions where Cre8ify operates.

11. Data Analytics, Screen Recordings and Commercialization

By using the Cre8ify platform, you acknowledge and agree that Cre8ify may collect, record, and analyze your interactions with the platform, including but not limited to screen recordings, session replays, click behavior, navigation paths, and usage patterns ("Usage Analytics Data"). You further acknowledge and consent that Cre8ify may share, license, or sell such Usage Analytics Data — in aggregated, anonymized, or individually identifiable form — to third-party partners for purposes including but not limited to research, product development, market analysis, and other commercial purposes. This data processing is described in detail in our Data Protection Policy. Where required by applicable law, your explicit consent will be obtained separately (e.g., via an in-app consent mechanism). You may withdraw your consent at any time as described in our Data Protection Policy, without affecting the lawfulness of processing carried out prior to withdrawal.

12. Affiliate Program

Cre8ify offers an Affiliate Program that allows eligible users to earn commissions by referring new users to the platform. Participation is subject to these General Terms and the additional Affiliate Terms and Conditions. All commission amounts, rates, and balances displayed within the platform are indicative and subject to verification by Cre8ify before any payout is processed. Cre8ify reserves the right to correct, adjust, or withhold any commission amounts that are the result of technical errors, system malfunctions, display errors, fraudulent activity, or violations of these Terms — regardless of whether such amounts have been displayed, credited, or confirmed within the platform interface.

13. Account Deletion

Users may request deletion of their account at any time via the app, web platform, or by contacting support at legal@cre8ify.com. Upon request, all personal data will be deleted within 30 days, except where retention is required by law or for legitimate business purposes (e.g., outstanding payments, ongoing disputes). Cre8ify may also suspend or delete accounts for Terms violations.

14. Limitation of Liability

Cre8ify acts as a marketplace facilitator and is not liable for user-generated content, transactions between users, or third-party services. Cre8ify's total aggregate liability shall not exceed the fees paid by the user to Cre8ify in the twelve (12) months preceding the claim. In no event shall Cre8ify be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Cre8ify does not guarantee uninterrupted or error-free platform availability. These limitations do not apply in cases of gross negligence or willful misconduct by Cre8ify.

15. Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, pandemics, war, government actions, power or internet outages, or third-party service failures. The affected party shall notify the other party promptly and resume performance as soon as reasonably possible.

16. Cancellation and Refunds

All purchases of digital services are final and non-refundable once the service has commenced. For details, see our Cancellation & Refund Policy.

17. Dispute Resolution and Governing Law

These Terms are governed by the laws of the United Arab Emirates. In the event of a dispute, both parties agree to first attempt resolution through direct negotiation within 14 days. If unresolved, the dispute shall be submitted to mediation under the rules of the Dubai International Arbitration Centre (DIAC). If mediation fails within 30 days, either party may initiate legal proceedings before the courts of Dubai, UAE.

For users residing in the European Union or European Economic Area: Nothing in these Terms shall limit or exclude any mandatory consumer protection rights granted to you under the laws of your country of residence. Where mandatory consumer protection laws of your jurisdiction apply, the dispute resolution mechanisms of your country of residence may also be available to you, including the European Commission's Online Dispute Resolution platform.

For users residing in the United Kingdom: Where mandatory UK consumer protection laws apply, your statutory rights remain unaffected by these Terms.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent and economic effect.

19. Entire Agreement

These Terms, together with the applicable role-specific terms (Brand Terms, Creator Terms, Affiliate Terms), the Data Protection Policy, the Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and Cre8ify regarding your use of the platform.

20. Waiver

The failure of Cre8ify to enforce any provision of these Terms at any time shall not be construed as a waiver of such provision or the right to enforce it at a later time. Any waiver must be in writing and signed by an authorized representative of Cre8ify to be effective.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Cre8ify. Cre8ify may assign its rights and obligations under these Terms at any time without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

22. Amendments

Cre8ify reserves the right to amend these Terms at any time. Users will be notified of material changes via email or in-app notification at least 14 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the amended Terms.

23. Accessibility

Cre8ify is committed to making its platform accessible to all users. If you experience any accessibility barriers, please contact us at legal@cre8ify.com so we can assist you.

24. Contact

Legal Department — UPHORIA FZCO, Dubai Silicon Oasis, DDP, Building A2, Dubai, UAE. Email: legal@cre8ify.com