Brand Terms of Service

Last updated June 26, 2026

These Brand Terms of Service ("Terms") are a legally binding agreement between you ("Brand," "Advertiser," "you," or "your") and Zestworld Inc. doing business as CreatorAPI ("Zestworld," "Avail," "CreatorAPI," "we," "us," or "our"). These Terms cover your participation as a brand, agency, merchant, or other advertiser that licenses a creator's name, image, voice, and likeness to generate and run advertising and marketing content (images, video, voice, text) through the CreatorAPI platform (the "Platform"). Our Terms also apply when you use our services, including our data, documentation, websites, web interfaces, content, intellectual property, and any other functionalities we may make available to you (collectively, our "Services").

Please read these Terms carefully. By creating an account, submitting a campaign or upload, inviting or requesting a creator, entering into a Creator License, or otherwise accessing or using the Platform, you agree to these Terms, our Privacy Policy, and any usage policies or guidelines we post or provide in writing, each of which is incorporated by reference. Our Privacy Policy explains how we collect and use personal information. Because you are a business user, you agree to these Terms on behalf of the company, organization, or other entity you represent, and you represent and warrant that you are authorized to bind that entity — you and such entity, collectively, are "you." If you do not have that authority, or you do not agree, you must not access or use the Platform.

The information provided throughout our Platform and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Platform or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Platform and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

As described in the Dispute Resolution section below, any dispute between you and us is subject to a class action waiver and must be resolved by individual binding arbitration. Please read that section carefully, as it affects your rights.

The Platform is for businesses. You must be at least 18 years of age, and you must be acting on behalf of a business or other organization with the authority to bind it to these Terms.

I. DEFINITIONS

"Likeness" means a Creator's name, image, photograph, voice, vocal style, handle, signature style, appearance, performance, mannerisms, and other identifiable personal attributes.

"Creator" means an individual and/or their representative who has registered with the Platform and who licenses their Likeness for the generation of advertising or marketing content under a Creator License.

"Creator Materials" means source footage, audio, voice, images, and other assets that a Creator — or that you, with the Creator's approval — upload or provide for use in generating Variants.

"Brand Materials" means everything you upload, submit, or provide in connection with a proposed or approved engagement, including campaign briefs, scripts, copy, product information and claims, images, audio, video, your names, logos, trademarks, trade dress, and other brand assets, and any other content you contribute to or incorporate into a Variant.

"Variants" means advertising hooks, videos, audio, voice, images, text, and other outputs that the Platform's artificial-intelligence partners generate using Creator Materials and/or a Creator's Likeness, together with any Brand Materials incorporated into them.

"Creator License" means the specific, per-engagement consent and license terms — including the approved Brand(s), permitted and excluded products and categories, territory, duration, advertising and marketing uses, and usage guidelines — that the Creator reviews and approves through the Platform. Your compensation to the Creator is agreed and paid separately and directly between you and the Creator, outside the Platform. Each Creator License that covers your engagement is incorporated into and forms part of these Terms as to you, and it defines and limits what you may do with the Creator's Likeness and the resulting Variants. If a Creator License conflicts with these Terms, the Creator License controls for that engagement, except that the Creator License may not override the core platform protections in these Terms (the limitation of liability, indemnification, intellectual-property, confidentiality, and dispute-resolution sections), which control regardless.

"Approved Scope" means the products and categories, territory, advertising and marketing uses, and duration set out in the applicable Creator License, together with the Creator's usage guidelines. Your rights to a Variant are bounded by the Approved Scope and nothing in these Terms grants you any right beyond it, except any marketing use that you and the Creator separately authorize under Section X ("Our use of Variants in our own marketing").

"Usage Guidelines" means the content rules, restrictions, excluded categories, attribution settings, and any per-Variant approval requirements that the Creator sets through the Platform or in the Creator License.

"AI Providers" means the third-party artificial-intelligence providers and processing vendors that operate the Platform on our behalf to generate and deliver Variants.

"Subscription" means the paid plan you purchase from CreatorAPI that gives you access to the Platform and its generation tools, as described in Section VII; "Subscription Fees" are the fees for it.

II. ELIGIBILITY AND ACCOUNT

To participate, you must register for an account ("Account") and provide information that is true, accurate, current, and complete, and keep it updated — including accurate and lawful billing information for as long as your Account is active. You agree we may use this information to communicate with you about the Services, and that those communications satisfy any legal-notice requirements.

Your Account is specific to your organization and the authorized users you designate. You are responsible for keeping your credentials confidential and for all activity under your Account, including activity by anyone you allow to access it (such as employees, agencies, or contractors acting on your behalf), and you must not let anyone access the Services using your credentials except your authorized users. If you access or manage the Account on behalf of another person or entity, you represent that you have all rights and consents necessary to do so. Notify us immediately at team@creatorapi.ai if you learn of any unauthorized use of your Account.

You represent and warrant that: (1) all registration and billing information you provide is and will remain true, accurate, current, and complete; (2) you are a business or other organization (or an authorized representative of one), and you have the legal capacity and authority to enter into these Terms and to bind that organization; (3) you are at least 18 years old; (4) you will not access the Services through automated or non-human means except as we expressly permit; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, or if we suspect misuse, we may suspend or terminate your Account and refuse any current or future use of the Services. You may close your Account at any time by contacting us at team@creatorapi.ai (see Section IV for the effect on any active Creator Licenses and live Variants).

III. BRAND AD LICENSE — USE OF VARIANTS WITHIN THE APPROVED SCOPE

License grant. Subject to your compliance with these Terms — including maintaining an active Subscription and paying the Subscription Fees under Section VII — and with the applicable Creator License, and your separate agreement with the Creator, the Creator grants you, through the Platform, a limited, non-exclusive (except as the Creator License expressly provides), non-transferable license to use, reproduce, distribute, publicly display, and run the Variants generated from that Creator's Likeness, solely as advertising and marketing, and solely within the Approved Scope: the approved products and categories, territory, advertising and marketing uses, duration, and the Creator's Usage Guidelines set out in that Creator License. Your Subscription covers access to the Platform and its generation tools only; the Creator's compensation for this license is separate, and is agreed and paid directly between you and the Creator, outside the Platform. Maintaining an active Subscription is required to generate new Variants and use the Platform's tools; your license to use Variants already created during your Subscription continues after a lapse as provided in Section VII.

Scope is bounded by each Creator License. The scope of every use of a Creator's Likeness is defined and limited by the Creator License the Creator approves, and nothing in these Terms grants you any right beyond it, except any marketing use you and the Creator separately authorize under Section X. You will not generate, request, use, reproduce, distribute, display, or run any Variant in a Creator's Likeness outside the Approved Scope. Each new product or category, each new territory or use, and any material change to an approved scope requires a new or amended Creator License that the Creator approves before any further generation or use.

Where you may run Variants. You may use Variants only on the channels, placements, and media permitted by the applicable Creator License. Where the Creator License does not specify channels, you may run Variants on any lawful advertising channel consistent with the Approved Scope.

No sublicensing beyond what's needed. You may sublicense your rights in a Variant only to the limited extent necessary to run it as permitted (for example, uploading it to an advertising platform or ad network to serve the placement). You may not otherwise assign, sublicense, resell, or transfer your rights in a Variant or in a Creator's Likeness.

Reservation. The Creator retains all right, title, and interest in their Likeness and Creator Materials, subject only to the license described here and in the Creator License. Ownership of the resulting Variants is addressed in Section VI.

IV. STAYING WITHIN SCOPE; HONORING CREATOR CONTROLS

Comply with the Usage Guidelines. You will use each Variant only in a manner consistent with the Creator's Usage Guidelines and the Approved Scope. Where the Creator has elected to approve Variants individually, you will not publish, run, or otherwise use any Variant until the Creator has approved it. Neither you nor CreatorAPI may generate or use a Variant outside the Creator's Usage Guidelines.

Honoring opt-out; five-business-day wind-down. A Creator may revoke a Creator License at any time. When a Creator opts out, CreatorAPI will instruct you to stop using the affected Variants, and you agree to use commercially reasonable efforts to withdraw and cease all further use of those Variants within five (5) business days of that instruction. You understand that Variants already served or delivered before withdrawal cannot be "un-served," and that this short, defined wind-down period exists to pull live advertising placements. After the wind-down period, you may make no further use of Variants in that Creator's Likeness from the revoked Creator License, except to the extent that ownership or use of those Variants is governed by your separate agreement with the Creator (see Section VI).

Honoring emergency single-Variant takedowns; two-business-day window. Separately from a full opt-out, a Creator may flag a specific Variant that is defamatory, materially misrepresents the Creator, or is causing reputational or legal harm. When CreatorAPI notifies you of such a flag, you agree to stop using that specific Variant within two (2) business days of the notice while we review. This is faster than, and independent of, the five-business-day wind-down for a full opt-out.

Reformatting an approved Variant. Mechanical reformatting of a Variant within the same Approved Scope — aspect-ratio changes, length trims, captions, end cards, or adding your name, logo, or other Brand Materials for formatting purposes — does not require new approval, provided the change does not alter the substantive message of the Variant, the Creator's performance, or any endorsement it contains. Any change that creates a new performance, a new voiceover, or a new creative context, or that alters the substantive message, is a new use that requires a new or amended Creator License and the Creator's approval.

Attribution and credit. Where a Creator sets whether and how they are credited or named in connection with Variants, you will honor that setting.

No personal endorsement beyond the ad. You acknowledge that Variants are advertisements, and you will not represent or imply that a Creator personally holds or has stated any opinion, or personally uses or endorses any product, beyond the Creator's appearance in the approved advertisement.

V. BRAND MATERIALS AND UPLOADS

How engagements begin. You may invite a Creator to license their Likeness, or you may discover a Creator's profile on the Platform and request to work with them; in either case, the Creator decides whether to accept. You may upload or provide Brand Materials and Creator Materials in connection with a proposed engagement, but no Variant will be generated in a Creator's Likeness, and no Creator Materials or Likeness will be treated as licensed to you, until the Creator has reviewed and approved the applicable Creator License. A Creator may decline any proposed engagement for any reason.

Your warranties about uploads. You represent and warrant that you own or control all rights in the Brand Materials you upload or provide, and that you have all rights, licenses, consents, and permissions necessary for CreatorAPI and its AI Providers to use them to generate and deliver Variants, and for the Variants to be run as advertising within the Approved Scope. You will not upload or request the use of any name, image, voice, or likeness — of any person other than the engaged Creator within their Approved Scope — unless you hold verified rights to that person's likeness.

License to your Brand Materials. You grant CreatorAPI and its AI Providers a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, reformat, and process your Brand Materials and any Creator Materials you provide, solely to operate the Platform and to generate and deliver Variants within the Approved Scope (and, where you opt in, the marketing use described in Section X). This license ends when your engagement ends, subject to the wind-down and retention provisions in these Terms and except for Variants whose ownership is governed by your separate agreement with the Creator.

No expectation of confidentiality in public submissions. Brand Materials you submit to public areas of the Platform (for example, a public campaign listing) may be visible to Creators and other users. Confidential business information you exchange privately is addressed in Section XIII.

VI. OWNERSHIP

The Creator's Likeness and Creator Materials. The Creator retains all right, title, and interest in their Likeness and Creator Materials. Nothing in these Terms transfers ownership of a Creator's Likeness to you or to CreatorAPI — you receive only the license described in these Terms and the applicable Creator License.

Generated Variants. As between you and the Creator, ownership of the Variants generated from the Creator's Likeness is negotiated outside the Platform and governed by your separate agreement with the Creator, not by these Terms. CreatorAPI does not determine, and claims no ownership of, the Variants; our rights are limited to operating the Platform and generating and delivering Variants within the Approved Scope, except any marketing use you and the Creator separately authorize under Section X. Your use of any Variant remains subject at all times to the Approved Scope and the Creator's controls in Section IV, regardless of ownership.

Your Brand Materials. You retain all right, title, and interest in your Brand Materials, subject to the license you grant in Section V. As between the parties, your names, logos, trademarks, products, and other Brand Materials remain yours or your licensors'.

CreatorAPI's own property; Intellectual Property (Platform and Marks). The Platform and Services — including all software, source code, databases, designs, text, graphics, images, videos, audio, and other content we provide (collectively, "Artifacts"), and all CreatorAPI and Avail names, logos, trademarks, and service marks (the "Marks") — are owned by CreatorAPI and its licensors and protected by intellectual-property laws. Some components of the Platform are owned by our third-party licensors, who retain all right, title, and interest in their respective materials. Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, publicly display, sell, license, or otherwise exploit our Artifacts, use our Marks, or use or infringe any materials owned by our licensors, without the relevant owner's prior written permission. We and our licensors reserve all rights not expressly granted to you.

VII. SUBSCRIPTION AND PAYMENT

Subscription required. Access to the Platform and its generation tools requires an active paid Subscription. You agree to pay the Subscription Fees for the plan you select, at our then-current pricing.

Billing and auto-renewal. Subscription Fees are billed in advance on a monthly or annual basis and automatically renew for successive periods unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal until you cancel. If there is a Free Trial offered, your plan converts to paid and we begin charging at the end of the trial unless you cancel first.

Price changes. We may change Subscription Fees or plans on reasonable advance notice; changes take effect at your next renewal, and if you don't accept one you may cancel before it takes effect.

Cancellation. You may cancel at any time, effective at the end of your current billing period; cancellation stops future renewals. Subscription Fees are non-refundable except where required by law.

Creator compensation is separate. Your Subscription pays for Platform access — it is not the Creator's compensation. The Creator's compensation is arranged and paid directly by you to the Creator, outside the Platform, under your separate agreement with the Creator. CreatorAPI does not set, process, collect, or remit it.

Effect of a lapsed Subscription on Variants. If your Subscription lapses or is cancelled, you lose access to the Platform's generation tools and may not create new Variants. You retain access to, and may continue to use and download, the Variants already created during your Subscription, subject to the applicable Creator License, the Approved Scope, and the Creator's continuing controls in Section IV (including opt-out, the wind-down, and emergency takedown).

Taxes. Subscription Fees exclude taxes; you are responsible for all applicable sales, use, VAT, and similar taxes, other than taxes on CreatorAPI's net income.

Non-payment. If a payment is declined or you are overdue, we may suspend or terminate your access.

VIII. BRAND REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (1) you own or control all rights in your Brand Materials necessary to grant the rights in these Terms and to have the Variants generated and run within the Approved Scope; (2) your Brand Materials, your products and services, and any advertising claims you make or approve are truthful, substantiated, and not false, misleading, deceptive, disparaging, or defamatory; (3) your Brand Materials and your use of the Variants do not and will not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights, or violate any law, regulation, or court order; (4) you will comply with all applicable laws and advertising rules, including the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and its AI- and endorsement-disclosure guidance, and the terms and policies of any platform on which you run a Variant; (5) you will use each Variant only within the Approved Scope and the Creator's Usage Guidelines, and will honor the opt-out wind-down and emergency takedown in Section IV; (6) you will not request, generate, or use a Variant in any sensitive category that the Creator has not opted into (for example, sexual or adult content, political or election content, alcohol, tobacco, cannabis, firearms, gambling, or medical or health claims); (7) you will not request or use the name, image, voice, or likeness of any person you lack verified rights to; (8) your advertising and Brand Materials are not addressed to, or intended to appeal to, children under 13 years of age; and (9) you will comply with all applicable AI-disclosure and synthetic-media labeling requirements as described in Section IX.

Union/guild obligations. If you are or become a party to, or your use of a Variant implicates, any collective bargaining agreement with a union or guild (including SAG-AFTRA), then as between you and CreatorAPI you are solely responsible for complying with it, and you represent that your use of the Platform and the Variants does not violate it.

The Creator for each engagement is an intended third-party beneficiary of this Section and of Section IV, and has full power and authority to enforce them in their own name.

IX. AI, SYNTHETIC MEDIA, AND DISCLOSURE

Variants are AI-generated synthetic media. You acknowledge that Variants are AI-generated synthetic reproductions of a Creator's voice and likeness, produced by our AI Providers from licensed Creator Materials within the Creator's Approved Scope. You will use them only as approved advertising within that scope.

Only approved-scope likenesses; consent-first. You will only request and use Variants in the Likeness of a Creator who has approved the applicable Creator License, and only within that Creator's Approved Scope and Usage Guidelines. You will not use the Platform to create synthetic media of any person who has not consented through a Creator License, and you will not attempt to extend, repurpose, or reuse a Creator's Likeness, Creator Materials, or a digital replica to seed other engagements, other creators, or other campaigns (no scope creep).

Disclosure and labeling. You are responsible for any disclosure or labeling of AI-generated advertising required by law, regulation, or advertising-platform policy in the jurisdictions where you run a Variant (for example, AI-content labeling and endorsement/"#ad"/"sponsored" disclosures). CreatorAPI will support such disclosure or labeling, and you agree to comply with these requirements.

Digital-replica law compliance. You acknowledge that each Creator License is intended to meet applicable digital-replica and right-of-publicity laws (including California's digital-replica provisions / AB 2602 and the New York Fashion Workers Act), which require that the Creator's consent be specific, conspicuous, and in writing, and that you will not use a Variant in a way that exceeds the specific, approved uses described in that Creator License. You will not take any action that would cause the Creator's consent to be invalid or insufficient under those laws.

"Rights handled" — what we do and don't promise. CreatorAPI's consent-first framework is designed so that, when you use a Variant within the Approved Scope and the Creator's Usage Guidelines and in compliance with these Terms, the creator-likeness consent and licensing for that approved advertising use have been handled through the Platform — so you can move from idea to campaign without negotiating each likeness license yourself. This is not an absolute warranty. It does not cover your Brand Materials, your products or advertising claims, your compliance with advertising or AI-disclosure law, third-party rights in anything you upload, or any use of a Variant outside the Approved Scope, and it is subject to the disclaimers in Section XX and the representations you make in Section VIII. For clarity, the Platform handles the Creator's consent and the approved scope; it does not handle the Creator's compensation, which you arrange and pay directly with the Creator outside the Platform.

Misuse and disputes. If CreatorAPI determines, or a Creator reports, that you have used a Variant outside the Approved Scope or Usage Guidelines, we may review and take appropriate action, including pausing generation, removing Variants, suspending your Account, and the remedies in Sections VII, XV, and XVIII.

X. PLATFORM ROLE; CREATOR RELATIONSHIP

What CreatorAPI is. CreatorAPI provides the technology platform and acts as the licensing intermediary that connects Brands and Creators and generates Variants through its AI Providers. CreatorAPI provides the generation tool and consent framework, and is not a payment intermediary: the Creator's compensation is arranged and paid directly between you and the Creator, outside the Platform. CreatorAPI is not a party to, and is not responsible for, the underlying advertising relationship, your campaign decisions, your products, claims, or your payment of the Creator.

No guarantee of availability, performance, or results. We do not guarantee that any Creator will accept your engagement, that any Variant will be generated, approved, or available, or that any Variant or campaign will achieve any particular reach, performance, or result.

Your separate agreement with the Creator. Your engagement may also be governed by a separate agreement between you and the Creator, which controls the matters it expressly covers (such as ownership of Variants, as described in Section VI). These Terms govern your use of the Platform. You are responsible for resolving disputes with a Creator about that separate agreement directly, and CreatorAPI is not a party to it.

Our use of Variants in our own marketing. By default, CreatorAPI does not use Variants or a Creator's Likeness to market or promote CreatorAPI. We may do so only (a) with your authorization as the Brand that owns or controls the Variant, and (b) where the Variant identifiably features the Creator, with the Creator's separate opt-in. Where both are given, you grant us a limited, revocable, royalty-free license to display that Variant to promote the Platform, which either you or the Creator may withdraw prospectively at any time.

XI. DATA, PRIVACY, AND CREATOR INFORMATION

Our Privacy Policy. Our Privacy Policy describes how we collect, use, and share information. By using the Platform and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United States; if you access them from another region, you consent to the transfer and processing of your data in the United States.

Handling Creator data. We provide you with finished Variants only. We do not give you the Creator's raw Creator Materials, source footage, voice or facial data, or the digital replica, and you will not attempt to extract, reconstruct, or reuse a Creator's Likeness or the replica from a Variant to generate content elsewhere. You acknowledge that a Creator's voice, facial imagery, and likeness — and any digital replica generated from them — may constitute "biometric information" or "biometric identifiers" under laws such as the Illinois Biometric Information Privacy Act (BIPA), the Texas and Washington biometric statutes, and "sensitive personal information" under the California Consumer Privacy Act (as amended) and similar laws. To the extent you receive, store, or process any Creator personal information, Creator Materials, or Likeness through the Platform, you will: (a) use it solely to run the approved advertising within the Approved Scope; (b) protect it with reasonable administrative, technical, and physical safeguards; (c) not sell it, not use it to train or fine-tune any AI or machine-learning model, and not create, derive, or retain any voice or likeness model or digital replica from it; (d) not retain it longer than needed for the approved engagement; and (e) comply with all applicable privacy, biometric, and data-protection laws.

Honoring deletion. When a Creator closes their account or withdraws consent such that no active Creator License remains, CreatorAPI will delete the Creator's biometric information and any digital replica or voice/likeness model across our systems and our AI Providers, and no further Variants can be generated in that Creator's Likeness. Upon CreatorAPI's instruction following such an event, you will cease use of the affected Variants per the Section IV wind-down and delete any copies of the Creator's biometric information, Creator Materials, or Likeness in your possession, except for Variants whose ownership is governed by your separate agreement with the Creator.

Sharing. We share information with the Creator, our AI Providers, and service providers as needed to operate the Platform and generate Variants within the Approved Scope, and as described in the Privacy Policy. Our AI Providers operate under their own terms; we are not responsible for their terms or practices.

XII. USER SUBMITTED DATA

We will maintain certain data that you transmit to the Platform for the purpose of managing the data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

XIII. CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party (the "discloser") to the other (the "recipient") in connection with these Terms — through the Platform or otherwise — that, given its nature or the circumstances of disclosure, should reasonably be understood to be confidential, including campaign plans, pricing, Brand Materials not made public, Creator information, and the non-public features of the Platform (which are CreatorAPI's Confidential Information).

Each party agrees to: (i) take reasonable steps to protect the discloser's Confidential Information from unauthorized use, access, and disclosure (at least as protective as the steps it takes for its own confidential information); (ii) not disclose it to any third party except to its employees, affiliates, and agents who need to know it to perform under these Terms and who are bound by confidentiality obligations at least as protective as these; and (iii) use it only to perform obligations or exercise rights under these Terms. Confidential Information does not include information that (a) is or becomes public through no fault of the recipient, (b) the recipient already knew without restriction, (c) the recipient rightfully obtained from a third party without restriction, or (d) the recipient independently developed without using the discloser's Confidential Information. A party may disclose Confidential Information if required by law or legal process, provided it gives reasonable advance notice where permitted.

XIV. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services that you did not contribute or that was not generated for you, to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users, especially to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person, including any Creator.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations, including laws about exporting data or software to and from the United States or other countries.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to) viruses, Trojan horses, or other material that interferes with any party's use of the Services or that modifies, impairs, disrupts, alters, or interferes with the Services.
• Engage in any automated use of the system, or use any data mining, robots, scrapers, or similar tools.
• Impersonate another user or person to gain access to an Account.
• Upload or transmit any passive or active information collection or transmission mechanism (web bugs, pixels, cookies, "spyware," and the like).
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Harass, annoy, intimidate, or threaten any of our employees or agents, or any Creator.
• Attempt to bypass any measures designed to prevent or restrict access to the Services.
• Copy or adapt the Platform's software.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software making up the Services.
• Use, launch, or distribute any automated system (spider, robot, scraper, or offline reader) except standard search-engine or browser use.
• Make any unauthorized use of the Platform, including collecting users' email addresses for unsolicited communications, or creating accounts by automated means or under false pretenses.
• Use the Platform or Services to compete with us, or to develop any product or service that supplants or competes with the Platform, including to develop or train any AI or machine-learning model.
• Crawl, scrape, or harvest data from the Platform other than as permitted under these Terms.
• Use a Variant, a Creator's Likeness, Creator Materials, or a digital replica outside the Approved Scope, or to seed, train, or create any other likeness, replica, or model.
• Create multiple accounts to evade fees, suspension, or other restrictions.
• Use the Platform, its generation tools, or any Variant without an active Subscription, or share, resell, or transfer your Subscription or account access.
• Assist any person in doing any of the above.

XV. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Platform and Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting them to law enforcement; (3) in our sole discretion and without notice or liability, refuse, restrict, limit, disable, or remove any of your Brand Materials, campaigns, or Variants, or any content that is excessive in size or burdensome to our systems; and (4) otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Platform and Services.

XVI. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will CreatorAPI or its directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, or loss of data, arising out of or relating to these Terms or the Platform, even if advised of the possibility of such damages.

To the fullest extent permitted by law, CreatorAPI's total cumulative liability for all claims arising out of or relating to these Terms or the Platform will not exceed the total Subscription Fees you paid CreatorAPI in the three (3) months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and you may have additional rights.

XVII. INDEMNIFICATION

By you (Brand). You agree to defend, indemnify, and hold harmless CreatorAPI and its affiliates and their respective officers, directors, employees, partners, and agents, and the applicable Creator, from and against any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to: (1) your Brand Materials; (2) your products, services, or advertising claims; (3) your use of any Variant, including any use outside the Approved Scope or the Creator's Usage Guidelines; (4) your breach of these Terms or of your representations and warranties; (5) your violation of any law or any third-party right, including intellectual-property, privacy, publicity, or advertising/AI-disclosure rules; or (6) any dispute between you and a Creator. We will use reasonable efforts to notify you of any such claim and may assume the exclusive defense and control of any matter subject to your indemnification, at your expense, and you agree to cooperate. The applicable Creator is an intended third-party beneficiary of this Section and may enforce it in their own name.

By CreatorAPI. CreatorAPI will defend, indemnify, and hold you harmless from third-party claims to the extent they arise from CreatorAPI's own Platform technology infringing that third party's intellectual-property rights — except to the extent the claim arises from your Brand Materials, your products or claims, your use of a Variant outside the Approved Scope, or your breach of these Terms.

XVIII. TERM AND TERMINATION

Term. These Terms apply while you use the Platform and remain in effect until terminated as described here.

Your termination. You may stop using the Platform or close your Account at any time by contacting team@creatorapi.ai. Closing your Account does not relieve you of amounts owed, of the wind-down and cease-use obligations in Section IV for any live Variants, or of any continuing obligations under a Creator License or your separate agreement with the Creator.

Our suspension or termination. We may suspend or terminate your access to the Platform, or any engagement, if (a) you breach these Terms or any applicable law, (b) you are overdue on payment, (c) we are required to by law or by an AI Provider or service provider, or (d) we reasonably believe your continued use poses a legal, security, or reputational risk to us, a Creator, or others. Where practical and lawful, we will give you notice. If we terminate your Account, you may not re-register without our permission.

Effect of termination. On termination, your right to use the Platform's generation tools ends, and your use of and access to Variants already created is governed by Section VII and remains subject to the Creator's controls in Section IV. Provisions that by their nature should survive — including Ownership; amounts already owed; Brand Representations and Warranties; Indemnification; Disclaimers; Limitation of Liability; Data, Privacy, and Creator Information; Confidentiality; Dispute Resolution; and these termination provisions — survive.

XIX. MODIFICATIONS AND INTERRUPTIONS

Our Services are novel and will evolve. Unless we specifically state otherwise in a separate agreement with you, we reserve the right to temporarily or permanently modify, suspend, or discontinue the Platform, the Services, or your access at any time, in our sole discretion, without notice, and we will not be liable for any change, suspension, or discontinuation, to the maximum extent permitted by law. We have no obligation to update any information made available on the Platform or through the Services.

We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

XX. DISCLAIMERS

The Platform, the Services, and all Variants are provided "as is" and "as available," and your use is at your sole risk. To the fullest extent permitted by law, CreatorAPI disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties about the accuracy or completeness of the Services.

Because Variants are generated by artificial intelligence, we do not warrant that they will be accurate, error-free, or free of unexpected or unintended content; that any Variant or campaign will achieve any particular performance or result; or that the Platform will be uninterrupted or secure. You are responsible for reviewing every Variant before you use it, for ensuring your use stays within the Approved Scope and complies with applicable law and platform policies, and for any disclosures or labeling your advertising requires.

To the fullest extent permitted by law, we assume no liability or responsibility for any (1) errors, inaccuracies, or omissions in content; (2) personal injury or property damage arising from your use of the Services; (3) unauthorized access to or use of our servers or any information stored on them; (4) interruption or cessation of the Services; or (5) bugs, viruses, or similar harmful code transmitted through the Services by any third party.

We do not endorse, warrant, or assume responsibility for any third-party products, services, websites, or transactions — including any transaction between you and a Creator — except as expressly stated in these Terms.

XXI. DISPUTE RESOLUTION

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to its conflicts-of-laws provisions.

Mandatory Arbitration. You agree to resolve any claims with us that arise out of or relate to these Terms or our Services, regardless of when the claim arose, even if before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation, or of any update to these arbitration terms within 30 days after the update takes effect, by mailing us at 333 Schermerhorn St, Ph51M, Brooklyn, NY 11217, Attn: Legal, and including (1) your name and address, (2) the email address associated with your Account, and (3) a clear statement that you want to opt out of these Terms' arbitration agreement. If you opt out of an update, the last agreed-upon arbitration terms apply.

Informal Dispute Resolution. Before either party files a claim, both you and Zestworld agree to try to resolve the Dispute informally — you by emailing team@creatorapi.ai, and we by emailing the address associated with your Account. If we cannot resolve a Dispute within 60 days, either party may initiate arbitration. Both parties agree to attend an individual settlement conference if either requests one during this time. Any statute of limitations is tolled during this process.

Arbitration Forum. If the parties cannot resolve the Dispute, either may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines a claim is frivolous. The activities described in these Terms involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration terms.

Arbitration Procedures. The arbitration will be conducted by videoconference if possible, or in person at a mutually agreed location, in the county where you reside or maintain your principal place of business, or as the arbitrator determines, unless the batch process applies. A sole arbitrator — a retired judge or an attorney licensed in New York — will resolve the Dispute, except that the state or federal courts of Kings County, New York have authority over disputes about enforceability, the validity of the class-action waiver, or requests for public injunctive relief. Settlement-offer amounts will not be disclosed to the arbitrator until after the final award. The arbitrator may grant dispositive motions.

Exceptions. This section does not require informal dispute resolution or arbitration of: (i) individual claims in small-claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual-property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and Zestworld agree that Disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited; only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after arbitration of the underlying claim. This does not prevent participation in a class-wide settlement. You and Zestworld knowingly and irrevocably waive any right to trial by jury.

Batch Arbitration. If 25 or more claimants represented by the same or coordinated counsel file demands raising substantially similar Disputes within 90 days of each other, NAM will administer them in batches of up to 50 claimants each, as a single consolidated arbitration per batch with one arbitrator, one set of fees, and one hearing. If any part of this provision is found invalid as to a claimant or batch, it will be severed and arbitrated individually.

Severability. If any part of these arbitration terms is found illegal or unenforceable, the remainder remains in effect, except that if a finding of partial illegality would allow class arbitration, a class action, or a representative action, this entire dispute-resolution section will be unenforceable.

XXII. GOVERNING LAW

These Terms and your use of our Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict-of-law principles. Venue for any dispute not subject to arbitration lies in the state and federal courts of Kings County, New York, and you consent to personal jurisdiction there.

XXIII. CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. Supplemental terms or documents may be posted from time to time and are expressly incorporated by reference. We will alert you to changes by updating the "Last updated" date, and you waive any right to receive specific notice of each change. If you continue to use our Services after we post the updated Terms or otherwise notify you, you accept the updated Terms. If you do not accept them, you must stop using the Services. Please check the applicable Terms each time you use the Service.

XXIV. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Accessing the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws that require an original signature, delivery, or retention of non-electronic records, or payments or credits by non-electronic means.

XXV. MISCELLANEOUS

When using our Services, you agree to comply with and are subject to any guidelines, rules, or supplemental terms applicable to such Services that may be posted from time to time. To the extent we ask you to review and accept supplemental terms that expressly conflict with these Terms, the supplemental terms supersede these Terms for the portion of the Services they govern, solely to the extent of the conflict.

These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding their subject matter. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction (including in connection with a merger, acquisition, or sale of assets).

Equitable relief. You acknowledge that the confidentiality provisions of these Terms protect significant business interests of CreatorAPI and Creators. You agree that (a) no adequate remedy exists at law if you breach the applicable sections of these Terms; (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) injunctive relief is the best remedy for any such breach. You waive any opposition to such injunctive relief and any demand that we prove actual damage or post a bond.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us, or between you and any Creator, because of these Terms or your use of the Services.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver by us of any term or condition will be deemed a further or continuing waiver, and our failure to assert a right or provision will not constitute a waiver of it.

We may comply with governmental, court, and law-enforcement requests relating to provision or use of the Services or to information provided or collected under these Terms, and we reserve the right to report content or Variants to law enforcement.

You may not export or provide access to the Services into any U.S. embargoed country or to anyone on (i) the U.S. Treasury Department's list of Specially Designated Nationals, (ii) any other restricted-party lists of the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted-party lists. You represent and warrant that you and anyone using the Services on your behalf are not such persons or entities and are not located in any such country.

Neither party will be liable for delays or failures to perform (other than payment obligations) resulting from causes beyond its reasonable control.

XXVI. FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Feedback") that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual-property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any such Feedback and warrant that it is original to you or that you have the right to submit it. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

XXVII. CONTACT US

In order to resolve a complaint regarding our Services or to receive further information regarding use of the Services, please contact us at:

Zestworld Inc. 333 Schermerhorn St, Ph51M Brooklyn, NY 11217 United States Email: team@creatorapi.ai