Creaceed Terms and Conditions ("Terms")

Last updated: February 21, 2018

Your access to and use of software is conditioned on your acceptance to these Terms and conditions, and cover all software / content / services (the “Service”) operated by Creaceed SPRL (“Creaceed”).

By installing, using or benefiting from Creaceed Service, you are agreeing to be bound by these Terms.

If you do not agree to these Terms, do not install the Service and you may not access or otherwise use or benefit from the Service in any manner.

These Terms also apply to any updates, supplements, Internet-based services, and support services for this Service, unless other Terms accompany those items. If so, those Terms apply.

Paid Apps

When applicable, the Service is provided as a paid application. Paid applications are sold on the App Store (tvOS, iOS, Mac. Operated by Apple Inc.) or through our Online Store (Mac only, operated by Fastspring).

Purchase of a paid application provides access to that application and all updates for the same major version (the first number in the version sequence).

Upgrade to next major version requires a new purchase or the purchase of an upgrade (when available), unless other conditions are specifically mentioned by Creaceed.

One-time In-App Purchases

When applicable, parts of the Service are provided as an identifiable one-time in-app purchase inside a paid or a free application. One-time in-app purchases provide access to that part of the application and all updates with the same major version of the application.

Upgrade to next major version requires a new purchase, unless other conditions are specifically mentioned by Creaceed.

Consumable In-App Purchases

When applicable, parts of the Service are provided as a consumable in-app purchase inside a paid or a free application.

Consumable in-app purchases provide access to a specific part of the application, typically as tokens or units that are consumed when used within the application.

Consumable in-app purchases are carried over in the next major version of the application when the service is still proposed in the new version (typical) or they become unusable otherwise, in which case a migration plan is typically proposed at our sole discretion.

Subscriptions

When applicable, some parts of the Service are billed on a subscription basis ("Subscription(s)"). In that case, you 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 a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it. You may cancel your Subscription renewal through your online account management page (typically iTunes account).

Free Trial

In the case of paid applications, Creaceed may, at its sole discretion, provide a trial of as a free download on its website. This trial is exclusively provided for evaluation purpose before committing to purchase.

In the case of service subscription, Creaceed may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you do enter your billing information when signing up for the Free Trial, you will not be charged by Creaceed until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Creaceed reserves the right to (i) modify the Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.

Subscription Fee Changes

Creaceed, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Creaceed will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Unlimited Service Access

Service may be offered as an “unlimited” variant. This assumes “normal” use of the service by a single user. To guarantee fair resource access to all users, per user rate limits may be enforced on a particular service at our sole discretion.

Refunds

For service sold by Apple Inc. (paid apps, consumable or non-consumable in-app purchases), refunds are provided at the sole discretion of the seller (Apple Inc.).

For paid apps (Mac) sold on our online store (operated by Fastspring), because they can be tested freely using downloadable free trial, and except when required by law, we do not process refunds.

For subscription-based service, except when required by law, paid fees are non-refundable.

Service Activation

When you purchase a license for the Service on our online store (operated by FastSpring), you are required to activate the code that is sent in the confirmation email that you receive from us upon purchase. Activation is valid for one user (you), and is linked to the email address you provide when activating the code within the application.

Installation on up to 3 devices is authorized, but simultaneous use on more than one device is prohibited, and require multiple activation codes (one per use). The activation code is personal and belongs to the user that purchased the license.

You are responsible for safeguarding the activation code that you use to access the Service, and you agree to not disclose it to any third party. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your activation code.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Creaceed and its licensors. The Service is protected by copyright, trademark, and other laws of both the Belgium and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Creaceed.

Creaceed is not required to provide source code. Reverse engineering of provided software, as well as any form of modification are prohibited.

Third-party Services or Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Creaceed.

Creaceed has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Creaceed shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the Terms and privacy policies of any third-party websites or services that you visit. Creaceed provides clear mentions of use of third party services within its own services. Creaceed privacy policy is available here.

Service Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Creaceed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Creaceed its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Terms Updates

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Service.

Contact Information

If you have any questions about these Terms, please contact us at support@creaceed.com


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