PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT MEDICAL DISCLAIMERS (SECTION 4), AN AUTO-RENEWING SUBSCRIPTION PROVISION (SECTION 7), AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20) THAT AFFECT YOUR LEGAL RIGHTS, WITH A RIGHT TO OPT OUT AS DESCRIBED THERE.
These Terms of Use (these "Terms") are a binding agreement between you and Creative Labs AI, LLC, a Florida limited liability company ("Company," "we," "us," or "our"), and govern your access to and use of the viVO web and mobile applications and related services, including the facescan feature, the Virtual Triage Assistant, and Sponsored Content (collectively, the "App"). By creating an account, tapping to accept, or using the App, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App. These Terms, including the Direct Mode provisions, constitute the consumer viVO Terms of Use referenced in the Privacy Policy. If you use the App on behalf of a Provider organization under a separate written agreement between that organization and Company, that agreement controls over these Terms to the extent of any conflict.
You can use viVO in one of two access modes, and some provisions of these Terms apply only in one mode, as stated.
Provider-Connected Mode. Your healthcare provider, clinic, or care organization (your "Provider") makes viVO available to you and the App is connected to your Provider's workflows. Your Provider controls your enrollment, the features enabled for you, and the care programs you participate in. Intake conversations, recordings and transcripts, pre-visit summaries, and vitals readings are delivered to your Provider and become part of your medical record. Provider-Connected Mode contains no advertising of any kind. Your Provider may end your access to Provider-Connected Mode at any time; if it does, your account may continue in Direct Mode as described in the Privacy Policy.
Direct Mode. You sign up on your own, without a Provider connection. Direct Mode includes a free tier, which may be supported, where available, by the contextual advertising described in Section 8, and a paid subscription tier, which contains no advertising. In Direct Mode, nothing in the App is delivered to a healthcare provider on your behalf, no information we hold about you is Protected Health Information, and all clinical decisions remain yours to make with your own healthcare professionals.
Workforce Users. "Workforce Users" are personnel of a Provider organization (such as physicians, clinicians, and staff) who access the App in connection with that organization's use of viVO. Workforce Users must comply with these Terms, their organization's policies, and the agreement between their organization and Company, and may use the App only for authorized purposes within their role. Workforce Users' obligations regarding review of clinical documentation are described in Section 6.
The App is intended for use in the United States by adults eighteen (18) years of age or older. You may not use the App if you are under eighteen. You agree to provide accurate, current, and complete
registration information, including your insurance and coverage information, and to keep it updated; we use coverage information to apply feature availability, including the federal healthcare program restrictions in Section 8, and providing false coverage information is a violation of these Terms.
Accuracy of your information. The usefulness, relevance, and accuracy of the App's outputs, including intake summaries, educational content, and readings, depend directly on the accuracy and completeness of the information you provide. You agree that it is your responsibility to keep your profile, health intake, and insurance and coverage information accurate and up to date in order to obtain the best possible results, and you acknowledge that outputs based on inaccurate, incomplete, fabricated, or outdated inputs may be unreliable and that Company is not responsible for outputs that reflect the inputs you supplied.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use. You may delete your account at any time in the App settings, and you may also request deletion without reinstalling the App as described in Section 9 of the Privacy Policy.
Educational and informational support only. The App, including the Virtual Triage Assistant, the facescan feature, vitals and wellness readings, educational content, care navigation, reminders, and Sponsored Content, provides educational, informational, organizational, and communication support only. Where the App presents health information, symptom-related educational content, or possible conditions, topics, or considerations associated with the information you provide, it does so to help you research independently, prepare for appointments, and build a well-informed foundation of questions to ask your healthcare professional. Such content describes possibilities and resources for discussion and further research; it is not a differential diagnosis rendered for you, not a diagnosis, not medical advice, and not a recommendation of treatment. Only a licensed healthcare professional who has evaluated you can diagnose or treat you.
We are not your healthcare provider. Company is a technology company. We do not practice medicine, we do not provide healthcare services, and no physician-patient or other treating relationship is created between you and Company by your use of the App. In Provider-Connected Mode, your care is provided solely by your Provider, and all clinical decisions are made by your Provider. In Direct Mode, you are responsible for consulting your own healthcare professionals.
Your responsibility to involve a professional. You agree that it is your responsibility to review and discuss information from the App with a licensed healthcare professional in your jurisdiction, whether in the United States, South America, or anywhere else you receive care, before acting on it; to use the App as a tool to open, inform, and improve that conversation; and not to use the App as a substitute for professional evaluation, diagnosis, or treatment. Never disregard, avoid, or delay obtaining medical advice because of something you read, hear, or see in the App.
Not a medical device as a whole. The App as a whole is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. The regulatory status of individual facescan measurements is described in Section 5.
Emergencies. THE APP IS NOT FOR EMERGENCIES. If you believe you are or may be experiencing a medical or mental health emergency, or whenever you are in doubt for any reason, seek emergency care immediately: call 911 (or your local emergency number), contact EMS or paramedics, or go to the nearest
physician, urgent care, or hospital emergency department. Do not rely on the App, the Virtual Triage Assistant, or any message sent through the App to obtain emergency care. Messages sent through the App may not be reviewed in real time.
Consent first. The facescan feature operates only after you have been informed of the specific purpose and retention period for your biometric information and have given your express written consent, which may be provided electronically. Your biometric information is collected, used, retained, and destroyed exclusively as described in Section 8 of the Privacy Policy, which is our public biometric retention and destruction policy. You may withdraw facescan consent at any time in settings; withdrawal stops further collection and triggers destruction of previously collected biometric information under that policy. The facescan feature is never used to identify you, verify your identity, or recognize you, and no part of the facescan pipeline is used for advertising or Sponsored Content matching.
Measurement accuracy and regulatory status. Every reading the facescan feature produces, including heart rate and respiratory rate, is a wellness estimate derived from your device camera. The App is a general wellness product. It is not a medical device, no reading it displays is a medical measurement, and no reading has been cleared or approved by the FDA or by any other regulator. Heart rate and respiratory rate are the readings that may be shared with your Provider in Provider-Connected Mode ("vitals readings"); the additional readings displayed to you for your own personal tracking ("Wellness Metrics") are not. Both are wellness estimates and neither carries any regulatory clearance.
How to use readings. Regardless of regulatory status, no reading is a diagnosis. Readings can be affected by lighting, movement, skin tone, camera quality, device model, and other conditions, and any reading may be inaccurate or incomplete in a given session. You agree that your responsibility is to use readings as a tool to open and inform a conversation with a licensed healthcare professional, not as a basis for medical decisions, medication changes, or symptom evaluation, and to confirm any concerning reading with clinically validated equipment under professional supervision.
AI systems. The Virtual Triage Assistant and other App features use artificial intelligence to conduct intake conversations, transcribe and summarize information, present educational possibilities and resources, and apply eligibility rules. viVO is an AI product line designed and operated by Creative Labs AI, LLC. Certain embedded backend AI processing, including the technology that powers transcription, conversational, and voice features, is provided to Company by Lucas Health Corporation, and other components are provided by additional licensors and service providers of Company (collectively, "Technology Providers"), in each case acting solely on Company's behalf and under the contractual restrictions described in the Privacy Policy. You are interacting with an automated system, not a human clinician. AI-generated content can be incomplete, outdated, or wrong, and it may not reflect your actual condition. You agree not to rely on AI-generated content as medical advice and to verify important information with a qualified professional. We do not use your information to make decisions with legal or similarly significant effects about you, such as decisions about your care, coverage, or treatment, without human involvement.
Provider review of clinical documentation. In Provider-Connected Mode, transcripts, pre-visit summaries, and all other AI-generated documentation are drafts prepared to assist your Provider. The Provider organization and its Workforce Users bear sole and ultimate responsibility for reviewing, verifying, correcting, and approving all AI-generated documentation before relying on it for any clinical purpose or
incorporating it into the medical record, and for all clinical judgments, diagnoses, treatment decisions, and care delivered. Company does not verify clinical accuracy and is not responsible for the clinical use of any draft that has not been reviewed and approved by a licensed professional.
Integrity of the AI systems. You agree not to attempt to manipulate, mislead, or interfere with the App's AI systems, as further described in Section 9, and you acknowledge that inputs designed to manipulate the system, and false or fabricated information, will produce unreliable outputs for which Company is not responsible.
Technology Providers. Technology Providers make their technology available to Company, not to you. They have no direct relationship with you and owe you no obligations under these Terms, and all questions, support requests, and claims relating to the App must be directed to Company. The embedded technology of each Technology Provider remains the property of that Technology Provider or its licensors, and the restrictions in Section 9, including those on reverse engineering, model extraction, and prompt injection, apply equally to embedded Technology Provider technology. The disclaimers in Section 17, the limitations of liability in Section 18, and your indemnification obligations in Section 19 extend to and are intended to benefit Technology Providers, including Lucas Health Corporation, and each Technology Provider is an intended third-party beneficiary of Sections 9, 12, and 17 through 19, with the right to enforce them.
Free tier. The Direct Mode free tier is offered at no charge and may be supported, where available, by the contextual advertising described in Section 8. Where advertising is shown, displaying it is a condition of the free tier, and you agree not to block, alter, or circumvent it.
Paid subscription. The Direct Mode paid subscription removes advertising and may include additional features described in the App at the time of purchase. The subscription price, billing period, and included features are displayed before you buy.
Billing through the app stores. Subscriptions purchased in the iOS App version are billed through your Apple account, and subscriptions purchased in the Android App version are billed through your Google Play account, in each case under that store's payment terms. We do not receive or store your full payment card number.
Automatic renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE FOR THE NEXT PERIOD UNLESS YOU CANCEL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE CURRENT PERIOD. You can cancel at any time in your Apple account subscription settings or your Google Play subscription settings, as applicable; deleting the App does not cancel a subscription. Cancellation takes effect at the end of the current billing period, and you keep subscription features until then.
Free trials and promotional offers. If a free trial or promotional offer is available, its length and the price after it ends are disclosed at signup, and the subscription converts to a paid subscription at the end of the trial unless you cancel before the trial ends. Promotional codes and offers are non-transferable, have no cash value, may be limited to one per account, and may be modified or withdrawn prospectively at any time.
Price changes. We may change subscription prices prospectively. For an active subscription, price changes take effect no earlier than your next renewal, with advance notice as required by the applicable app store and by law, and you may cancel before the change takes effect.
Refunds and returns. The App delivers digital services, and all fees are non-refundable except as required by law or provided by the applicable app store. Purchases made through Apple or Google are subject to that store's refund policies, and refund requests for those purchases must be directed to the store. We do not provide refunds or credits for partial billing periods, unused features, or periods when the App was available but not used.
Payment failures and chargebacks. If a renewal payment fails, the app store may retry the charge or suspend your subscription under its policies, and your account may revert to the free tier. Initiating a chargeback for a charge you authorized, rather than pursuing the applicable refund process, is a violation of these Terms and may result in suspension.
Fees are not insurance-reimbursable. Company does not bill or submit claims to Medicare, Medicaid, Medicare Advantage, TRICARE, CHIP, any other federal healthcare program, or any commercial insurer or payer for the App, and App subscription fees are not covered or reimbursable by insurance. You are responsible for subscription fees regardless of your coverage.
Beta and experimental features. We may offer features identified as beta, preview, or experimental. They are provided as is, may change or end at any time, and may be excluded from support commitments.
Taxes and changes to offerings. Prices may be stated exclusive of taxes, which the app store collects where applicable. We may modify, add, or discontinue features or tiers; if we discontinue a paid feature material to your subscription, you may cancel as described above.
SAFEGUARDS Free tier advertising. The Direct Mode free tier displays contextual advertising selected and delivered as described in Section 4 of the Privacy Policy, under the health data advertising firewall: your health information is never used to select, target, or measure advertising of any kind. Ads are clearly distinguishable from App content, are not shown in Provider-Connected Mode, and are never directed to anyone under eighteen. Advertisements are provided by independent advertisers; we do not endorse advertised products or services, and any transaction with an advertiser is solely between you and that advertiser.
Sponsored Content. Sponsored Content is an optional, off-by-default feature that, where available, displays clearly labeled offers, programs, and educational content from independent third-party affiliates, matched only to health goals and interests you expressly declare, as described in Section 4 of the Privacy Policy. Sponsored Content is not medical advice and is not an endorsement or recommendation by Company or by your Provider. If you choose to connect with an affiliate, the information you direct us to send is handled by that affiliate as an independent business under its own terms and privacy practices, and your relationship and any transaction with the affiliate are solely between you and the affiliate. You may opt out of Sponsored Content at any time in settings without penalty and without affecting your care or your access to the rest of the App.
Federal healthcare program safeguards. The App is designed to operate consistently with the federal Anti-Kickback Statute, the Civil Monetary Penalties Law prohibition on beneficiary inducements, the
Florida Patient Brokering Act, and similar laws. If our records indicate you are enrolled in Medicare (including Medicare Advantage), Medicaid, TRICARE, CHIP, or another federal healthcare program, Sponsored Content, subsidies, and affiliate offers are disabled for your account, and advertising for healthcare items and services is not shown to you. You agree to provide accurate coverage information and to keep it current so we can apply these restrictions, and you agree not to misrepresent your coverage or attempt to circumvent these restrictions. Nothing in the App is intended to induce, and Company does not pay or receive remuneration to induce, the referral, purchase, lease, or order of any item or service payable by a federal healthcare program.
Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use (or, for Workforce Users, authorized internal use). You may not, and may not permit anyone to:
(a) copy, modify, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, architecture, algorithms, models, or system prompts of the App, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, sell, sublicense, distribute, or otherwise transfer the App or your account; (d) access the App to build a competing product or service, use App outputs to develop, train, fine-tune, or improve any competing software, model, or dataset, or use scraping, robots, or other automated means to access or extract data from the App; (e) submit prompts, instructions, files, or other inputs designed to manipulate, mislead, or interfere with the App's artificial intelligence systems, including prompt injection, jailbreaking, attempts to override or bypass safety, eligibility, or federal program controls, or attempts to extract system prompts, model parameters, training data, confidential logic, or information about any other person; (f) submit false, fabricated, or misleading information, including false identity, health, or insurance and coverage information; (g) probe, scan, or test the vulnerability of the App, or circumvent any security, rate-limiting, or access controls; (h) interfere with the operation of the App or impose an unreasonable load on it; (i) upload malicious code, or remove or alter any proprietary notices; or (j) use the App in violation of applicable law or these Terms.
Violations of clauses (e) and (f) undermine the reliability of the App for you and for others, and Company is not responsible for outputs produced in response to manipulated, false, or fabricated inputs.
You retain your rights in the information and content you submit to the App, including intake responses, recordings, and declared goals and interests (collectively, "Your Content"). You grant Company a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use Your Content solely to operate, provide, secure, and improve the App as described in these Terms and the Privacy Policy, including delivering records to your Provider in Provider-Connected Mode and creating de-identified data as described in Section 7 of the Privacy Policy. You represent that you have the rights necessary to submit Your Content and that it is accurate and truthful to the best of your knowledge, and you acknowledge your responsibility under Section 3 to keep it current. We may remove content that violates these Terms or applicable law.
You agree not to use the App to: submit information about another person without authority; impersonate anyone or misrepresent your identity, coverage, or eligibility; upload malicious code; harass, abuse, or harm others, including Workforce Users and support staff; infringe intellectual property or privacy rights; attempt to access another user's account or data; manipulate or attempt to manipulate the App's AI systems as described in Section 9; or use the App for any unlawful purpose, including any arrangement that would violate the federal Anti-Kickback Statute, the Civil Monetary Penalties Law, the Florida Patient Brokering Act, or similar laws. We may investigate violations and cooperate with law enforcement.
The App, including its software, models, prompts, interfaces, design, text, graphics, and all related intellectual property, is owned by Company and its licensors and is protected by intellectual property laws. Except for the limited license in Section 9, no rights are granted to you. viVO and related names and logos are trademarks of Company; you may not use them without our prior written consent. If you provide suggestions, ideas, or feedback, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.
The App may contain links to, or interoperate with, third-party websites, products, and services, including advertisers, Sponsored Content affiliates, external resources presented for your independent research, and app store platforms. Third parties are not under our control, and we are not responsible for their content, products, services, or practices. Your use of a third-party service is governed by that third party's terms and privacy policy.
By providing your phone number, you consent to receive service-related text messages, such as verification codes and, where enabled, appointment and care reminders. Message frequency varies, and message and data rates may apply. Reply STOP to opt out of text messages and HELP for help; unsubscribe links are included in marketing emails. Consent to marketing communications is never a condition of receiving care or using the App. We may still send essential service communications, such as security notices.
Our collection, use, retention, disclosure, and destruction of information is described in the viVO Privacy Policy, including: our two roles and access modes (Privacy Policy Section 1); advertising and Sponsored Content data practices and the health data advertising firewall (Privacy Policy Section 4); de-identified and aggregated data (Privacy Policy Section 7); our biometric retention and destruction policy (Privacy Policy Section 8); retention and deletion, including web-based deletion requests (Privacy Policy Section 9); and your rights and choices (Privacy Policy Section 10). Please read it; by using the App you acknowledge it.
You may stop using the App and delete your account at any time. We may suspend or terminate your access, or any feature, immediately if you violate these Terms, including the restrictions in Section 9 and the coverage accuracy obligations in Sections 3 and 8, if required to protect users, Providers, or the App, if your Provider ends your Provider-Connected Mode enrollment, or as required by law; where practicable we will provide notice. Upon termination, your license ends, and Sections 4, 5 (disclaimers), 6, 10 (license to previously created de-identified data), 12, and 16 through 25 survive. Retention and deletion of your information after termination are governed by Sections 8 and 9 of the Privacy Policy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT READINGS, TRANSCRIPTS, SUMMARIES, EDUCATIONAL CONTENT, OR OTHER OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL PURPOSE, OR THAT ANY ADVERTISED OR SPONSORED PRODUCT OR SERVICE WILL MEET YOUR NEEDS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, TECHNOLOGY PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; (B) COMPANY IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDER, WORKFORCE USER, ADVERTISER, OR SPONSORED CONTENT AFFILIATE, FOR ANY CARE OR TREATMENT DECISION, FOR ANY FAILURE BY A PROVIDER OR WORKFORCE USER TO REVIEW, VERIFY, OR CORRECT DRAFT DOCUMENTATION AS DESCRIBED IN SECTION 6, OR FOR OUTPUTS THAT REFLECT INACCURATE, FALSE, FABRICATED, OR MANIPULATED INPUTS; AND (C) THE TOTAL AGGREGATE LIABILITY OF COMPANY AND ITS TECHNOLOGY PROVIDERS, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO COMPANY FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS (USD 100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Company and its members, managers, officers, employees, agents, licensors, Technology Providers (including Lucas Health Corporation), and service providers from and against claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Your Content; (b) your violation of these Terms or applicable law; (c) your misuse of the App, including any attempt to manipulate its AI systems or circumvent its controls as described in Section 9; (d) false, fabricated, or misleading information you submit, including coverage information; or (e) your dealings with any advertiser or Sponsored Content affiliate. Indemnification obligations of Provider organizations, including with respect to clinical documentation review and clinical care, are set forth in the written agreement between the Provider organization and Company.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS AND WAIVES JURY TRIALS AND CLASS ACTIONS, AND IT INCLUDES AN OPT-OUT RIGHT.
Informal resolution first. Before filing an arbitration, you and Company agree to try to resolve any dispute informally: send a written notice describing the dispute to support@cre8ivelabs.ai (or, from Company to you, to your account email), and the parties will negotiate in good faith for sixty (60) days.
Arbitration agreement. Except as provided below, you and Company agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration will take place in Miami-Dade County, Florida, or, at your election, in your county of residence or by videoconference. Consumer filing fees will be allocated under the AAA rules, and Company will pay arbitration fees the rules require it to pay. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, and judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement extends to claims you assert against Company's Technology Providers, including Lucas Health Corporation, relating to the App, and each may enforce it.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or the security of the App. Nothing in this Section prevents you from reporting issues to, or seeking relief from, a federal, state, or local agency.
Class action and jury waiver. YOU AND COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may not consolidate more than one person's claims. If this class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder shall proceed in arbitration.
Opt-out. You may opt out of this arbitration agreement by emailing support@cre8ivelabs.ai with the subject line "Arbitration Opt-Out," your name, and the email associated with your account, within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles, except that the Federal Arbitration Act governs Section 20. For any claim not subject to arbitration, you and Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to that venue.
App store terms. Your use of the App is also subject to the applicable app store terms, including the Apple Media Services Terms and Conditions and the Google Play Terms of Service, and to the usage rules of the store from which you downloaded the App. If these Terms are less restrictive than, or conflict with, the applicable store terms, the store terms control for purposes of your relationship with the store.
The following applies if you downloaded the App from the Apple App Store:
(a) Acknowledgement. These Terms are between you and Company only, not with Apple Inc. ("Apple"), and Company, not Apple, is solely responsible for the App and its content. (b) License scope. The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. (c) Maintenance and support. Company, not Apple, is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance and support services for the App. (d) Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Company's responsibility. (e) Product claims. Company, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to an applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. (f) Intellectual property claims. In the event of any third-party claim that the App, or your possession and use of the App, infringes that third party's intellectual property rights, Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim. (g) Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. (h) Developer contact. Questions, complaints, and claims regarding the App should be directed to Creative Labs AI, LLC, Attn: Legal, Email: support@cre8ivelabs.ai. (i) Third-party terms. You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement. (j) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
The following applies if you downloaded the App from Google Play: these Terms are between you and Company only, and Google LLC and its affiliates ("Google") are not a party to them and are not responsible for the App or its content. Subscriptions purchased through Google Play are billed and managed through Google Play Billing and are subject to Google Play's payment and refund policies. Google is a third-party beneficiary of these Terms solely to the extent necessary to permit your download and use of the App through Google Play.
You may not use or export the App except as authorized by U.S. law and the laws of the jurisdiction where the App was obtained. The App is commercial computer software; any use by or for the U.S. Government is subject to restricted rights consistent with FAR 12.212 and DFARS 227.7202.
We may update these Terms from time to time. If we make material changes, we will notify you through the App or by email and update the effective date, and material changes will apply prospectively after notice. Your continued use of the App after changes take effect constitutes acceptance; if you do not
agree, stop using the App and delete your account. Material changes to the arbitration agreement will not apply to disputes that arose before the change unless you agree otherwise.
These Terms, together with the Privacy Policy and any terms presented in the App for specific features, are the entire agreement between you and Company regarding the App and supersede prior agreements on that subject. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to the Privacy Policy's commitments. Company is not liable for delay or failure caused by events beyond its reasonable control. Notices to you may be provided through the App or to your account email. Nothing in these Terms creates a partnership, employment, or agency relationship between you and Company or between Company and any Technology Provider.
California users: under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Creative Labs AI, LLC, Attn: Legal, Email: support@cre8ivelabs.ai.