Terms of Service

Policies

Article 1. Preambule

These Terms of Service govern your use of the website located at https://creasquare.io (the ‘Site’), https://app.creasquare.io and any related services provided by Creasquare (the Site and the services called together the ‘Service’).

Creasquare provides a Software as a Service (Saas) aiming at providing tools facilitating social media management for content creators and businesses. Our tools are used to simplify your content management processes and save time from time consuming tasks. We are merely acting as a passive conduit for you to distribute your content across platforms and as a provider of editing tools for your videos and photos. Creasquare has no control or does not review the content you post through the Site and your decisions on how you edit your content, what you publish and on which platforms. We help enhance your social media accounts but we are not guaranteeing and are not responsible for your performance using our tools.

By accessing the Site, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Site.

We, Creasquare, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you. Any changes to these Terms of Service will take effect immediately from the date of publication. You are responsible for reviewing any such amendments. Your continued use of Creasquare after posting of the amended Terms constitutes your acceptance of any such modified terms.

These Terms of Service were last updated on 13 December 2022.

Article 2. Eligibility for use

Creasquare provides services that by nature are to be used for business purposes by individuals above the age of 18.

By agreeing to these Terms, you warrant to us:

  • You are at least 18 years old;
  • You have never been suspended or removed from the Service;
  • You will remain compliant with any and all applicable laws and regulations throughout your registration and use of the Service;
  • If you are an individual agreeing to the terms of services on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you do not have such authority, or if you do not agree with these terms, you may not use the service either yourself or on behalf of the entity.

Article 3. Service

Creasquare offers a suite of products aimed at supporting businesses, agencies and independent creators (the “Professionals”) in deploying their social media strategies.

The Service includes a creative studio, social publishing tools and a dynamic content calendar. Our creative studio enables you to visualize all your current workings, generate automated captions in English, trim and cut videos, resize videos, generate dynamic cropping and select thumbnails. Our scheduler lets you schedule and publish posts on multiple social media platforms, preview your content and save your drafts. Our content calendar allows you to visualize your social planning on weekly and monthly views, as well as draft and edit your posts.

Our services include your connections to third-party service providers such as Facebook, Instagram, YouTube, TikTok, LinkedIn, Vista Create. By using Creasquare, you are required to comply with their privacy policies and terms and conditions that we strongly encourage you to carefully review.

Article 4. Help Center

For any issues that you may have with the service, you can contact our help center using the chatbot on our website and app or via email at hello@creasquare.io.

Article 5. Subscriptions and Payment

Some parts of the Service will require you to get a subscription with us. Our plans are available on our pricing section (https://creasquare.io/pricing/). All our fees are in U.S. Dollars.

You can benefit from a free-trial period to try our Service in some conditions. The free-trial period is granted once to new joiners at the creation of their account. The free-trial period is unique to any Professional. It is strictly forbidden for one Professional to create multiple accounts to unduly benefit from the free-trial period.

You are required to submit a valid payment method and associated billing information to access our subscriptions. The payment is made via credit card. You ensure using a valid credit card, belonging to you with sufficient funds. Before proceeding with payment, you will be asked to review and confirm your choice of plan and implied fees. By purchasing a subscription, you authorize us to charge the incurred fees through your payment method.

We use third-party payment processors Paypal and Stripe to process your payments. We are subject to their terms and conditions, we are not able to interfere within their processes or contest any decisions from their end.

Billing will occur in advance and will be part of a billing cycle that you select at the time of purchase. This billing cycle will be either on a monthly or yearly basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date.

You can amend or cancel your subscription at any time in your account settings if you have selected the monthly payment. If you have selected the yearly payment and you wish to upgrade your plan, we will apply the respective fees on a pro-rata basis.  If you wish to downgrade, you will obtain a credit to be used within a year. If you wish to cancel your subscription, you will have access to your accounts until the end of the billing period. We will deactivate and delete your account upon your request and the current billing cycle will be entirely due, no refunds will be made.

We reserve the right to amend the terms of your subscription, including pricing, with effect from the renewal. You will be provided reasonable notice prior to that renewal. If you disagree with the changes, you can cancel your subscription prior to the effective date of changes. We reserve the right to amend the terms of our free plan and our free trials, including their cancellation, at any time and without notice.

In the event of a failed payment, we will contact you and provide a deadline of 15 days for payment before we suspend or terminate your subscription. We may apply interest in case of a failed payment up to three times the legal interests in course at the date of the failed payment according to the applicable law.

Article 6. Rights to terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you with or without cause, including regarding any breach of these Terms of Service. All clauses of these Terms shall survive termination.

Article 7. Registration

To register an account with Creasquare from anywhere on our website, click on the “Try for Free” button on the top right of the page. From there, you will be asked to provide your first and last name, your email address, your role, and optionally your organization. You will also be asked to create a password and agree to our Terms of Service and Privacy Policy.

You will need to register an account with us to use the Services. You are responsible for maintaining your login details confidentiality, and you accept responsibility for all activities that occur under your account. If you believe that your account has been compromised, contact us immediately at hello@creasquare.io.

Article 8. Refunds

In certain specific cases and at Creasquare’s sole discretion, we may consider subscription refunds. For such requests, please contact us at hello@creasquare.io.

Article 9. Limitations of use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Service;
  • remove any copyright or other proprietary notations from any materials and software on the Service;
  • transfer the materials to another person or “mirror” the materials of the Site on any other server or device;
  • knowingly or negligently use the Service in a way that abuses or disrupts our networks or any other service Creasquare provides;
  • use the Service or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use the Service or its associated services in violation of any applicable laws or regulations;
  • use the Site in conjunction with sending unauthorized advertising or spam;
  • harvest, collect, or gather user data without complying with any applicable rule or regulation; or
  • use the Service or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of Creasquare or third parties.

You acknowledge the Service only helps you manage your social media accounts and Creasquare is in no event liable for the content you post or the way you are using your social media accounts.

Article 10. Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Creasquare and are protected by applicable copyright and trademark law. By using the Service, we grant the Professional permission to download one copy of the materials for personal, non-commercial transitory use. Any other use is strictly prohibited and may violate copyright, trademark and other laws.

This constitutes the grant of a license to use, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Creasquare at any time.

You retain your intellectual property ownership rights over content you submit to us for publication on the third-party platforms you select. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use the Service or its associated services to post, upload, store, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content.

You acknowledge that you are responsible for ensuring that your content complies with all applicable laws and regulations, and third-party platforms’ terms and conditions. If we are required to, we reserve the right to block or erase any published content that constitutes a violation of the applicable laws and regulations, and our third-party platforms’ terms and conditions.

You give a royalty-free authorization to Creasquare to use your name and logo to be displayed on the Site in order to promote Creasquare’s service for the duration of your use of the Service.

Article 11. Obligations towards our third-parties

You are required to comply with our third-parties’ terms and conditions to use Creasquare. We strongly recommend that you review our supported platforms’ terms and conditions frequently to ensure you are in compliance with them at all times, their terms are linked below:

– Meta / Facebook:
https://www.facebook.com/terms.php and  https://www.facebook.com/policies_center/pages_groups_events
– Instagram:
https://help.instagram.com/581066165581870/?helpref=uf_share
– TikTok:
https://www.tiktok.com/legal/terms-of-service?lang=eng
– YouTube:
https://www.youtube.com/t/terms
– LinkedIn:
https://www.linkedin.com/legal/l/service-terms?
– Vista Create:
https://create.vista.com/faq/legal/terms_and_conditions/terms_and_conditions/ 

In particular, if you upload content through our Service to YouTube websites, applications, services or products that is Made for Kids, then you must immediately go to Youtube on desktop to declare your content as Made for Kids. See here for more information on determining content as Made for Kids.

Article 12. Liability

Our website and the Service are provided on an ‘as is’ basis. As a SaaS service, the Professional does not need to download any hardware to use the Service. To the extent permitted by law, Creasquare makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Creasquare or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Service or the materials on this website, even if Creasquare or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In no event, Creasquare guarantees that your numbers of followers on social media, the number of views or revenue granted from the use of social media will increase with the of the Service.

We make all reasonable efforts to provide any Professional with quality services and content. 

We make our best to allow the Professional access to and use of the Service.

However, the Professional acknowledges that the Service may be unavailable from time to time, in particular as a result of: 

  • Scheduled maintenance periods;
  • Any difficulties of access resulting of the internet connection;
  • Unplanned interruptions caused by any reason external to Creasquare.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Article 13. Indemnification

You represent and warrant that you will not use Creasquare to post content infringing upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property, or to post content that is in violation of any laws or regulations of any applicable jurisdictions. You agree to indemnify Creasquare, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by you under this agreement and your use of Creasquare.

Article 14. Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Creasquare does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Article 15. Links

Creasquare has not reviewed all of the sites linked to its Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Creasquare of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Article 16. Personal data

Creasquare processes personal data in order for you to use the Service. To get more information on the way we use your personal data, see our privacy policy here.

In general, Creasquare acts as a data processor to you acting as a Data controller. 

Any Professional subject to the Regulation on General Data Protection Regulation (GDPR), by agreeing to these Terms of Service also agrees to the Data Processing Agreement as required by the regulation. Our Data Processing Agreement is available here, acceptance of these terms imply acceptance of our Data Processing Agreement.

Article 17. Cookies

In order to provide you with the best possible service, Creasquare is using cookies. To get more information on the way we use cookies, see our cookie policy here.

Article 18. Non-Waiver of Rights

Any breach of these Terms for which we choose not to act or to delay our action, will not constitute a waiver of our rights. We will still be entitled to our rights at a later date. Rights of enforcement are reserved to parties. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Article 19. Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Article 20. Governing Law and Dispute resolution

These Terms of Service are governed by and construed in accordance with the laws of France. You irrevocably submit to the exclusive jurisdiction of the courts of Nanterre.

You agree to waive your rights (if applicable) to a trial by jury relating to all claims and causes of action (including counterclaims) related to or arising out of this agreement. This waiver shall also apply to any subsequent amendments or modifications to this Agreement.

Article 21. Class Actions

As a non-consumer, all claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Service.

Contact Us

For any questions or concerns, you may contact us using the following details:

Postal Address:
CREASQUARE SAS
93 RUE GALLIENI
92100 Boulogne-Billancourt
FRANCE

Email:
hello@creasquare.io

Direct Form:
https://creasquare.io/about-us/