TERMS AND CONDITIONS
These Terms and Conditions (these “Terms”) are a binding agreement between CreatorHero LLC, a Wyoming limited liability company (“CreatorHero,” “we,” “us,” or “our”), and the individual or entity that accesses or uses the Services (“you” or “your”).
These Terms govern your access to and use of (a) the website located at https://www.creatorhero.com/ and any subdomains (the “Site”); (b) our browser extension and desktop applications; and (c) any related mobile applications, application programming interfaces, and documentation (collectively, the “Services”).
By clicking “I agree,” creating an account, or accessing or using the Services, you agree to these Terms and to the policies incorporated by reference, including our Privacy Policy and Cookie Policy. If you do not agree, do not use the Services. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity and “you” will mean that entity.
If you and CreatorHero sign a separate written agreement, that agreement will prevail over these Terms to the extent of any conflict.
Contact Information
CreatorHero LLC, a Wyoming limited liability company.
7345 W Sand Lake Rd, Ste 210 Office 4621
Orlando, FL 32819, USA
Email: contact@creatorhero.com
In these Terms, “CreatorHero,” “we,” “us,” and “our” refer to CreatorHero LLC, unless otherwise specified.
Definitions
For purposes of these Terms:
Account means the account you register to access and use the Services.
Agency means an organization that manages, represents, or acts on behalf of one or more creators.
Agency Account means an Account registered by an Agency to manage one or more Creator Accounts.
Authorized User means any individual you permit to access the Services under your Account.
Beta Features means features or services identified as alpha, beta, preview, early access, or evaluation, and any related documentation.
Content means any data, text, images, video, audio, files, links, or other materials you upload, post, transmit, or otherwise make available through the Services.
Creator means an individual content creator managed through the Services.
Creator Account means an Account or workspace designated for a Creator within the Services.
CreatorHero Materials means the Services, Site, software, technology, designs, interfaces, templates, and Documentation we provide, and all improvements and derivatives.
Customer Data means information (including Personal Data) submitted to or collected by the Services from you or on your behalf, excluding CreatorHero Materials and Third-Party Materials.
Documentation means user guides, help articles, and other materials we publish for the Services.
Fees means all amounts payable for use of the Services, including applicable taxes.
Intellectual Property Rights means all patent, copyright, moral rights, trademark, trade dress, trade secret, and other proprietary or intellectual property rights worldwide, whether registered or unregistered.
License means a subscription plan tier, seat, or entitlement (including any trial access) that enables access to the Services for either (a) a designated Creator Account, or (b) an Agency Account, as applicable, during the relevant subscription term and subject to the plan’s features, limits, and billing terms presented at checkout. A License is “active” only while the applicable paid subscription (or trial) is in effect and the License is assigned as required by the Services.
Payment Method means the credit/debit card or other payment instrument you provide to pay Fees.
Personal Data means any information relating to an identified or identifiable natural person.
Privacy Policy and Cookie Policy mean the policies referenced in these Terms that describe our privacy and cookie practices.
Services has the meaning given in the preamble and includes the Site, browser extension, desktop applications, related APIs, and Documentation.
Services Data means data and information stored or processed within the Services that relates to the configuration, operation, and use of an Account or License.
Site means creatorhero.com and any subdomains we operate.
Third-Party Services means services, software, platforms, or integrations provided by third parties that interoperate with or are used in connection with the Services (e.g., payment processors, analytics, messaging).
Third-Party Materials means content or code made available by third parties through the Services.
Purpose of the Website
The Site provides information about the Services, including plans, updates, downloads, and resources to support content creators and agencies. The Services provide software and related tools that help creators manage workflows and analyze or enhance their online content.
CreatorHero may store or process Content as necessary to provide, maintain, and secure the Services, and as otherwise described in our Privacy Policy. CreatorHero does not access, control, or manage your third-party accounts or Content on those platforms except (i) through integrations or connections you authorize and configure, and/or (ii) as you expressly authorize for technical support.
CreatorHero is not affiliated with OnlyFans.com and/or its operators/affiliates, and no partnership, sponsorship, or endorsement is implied.
Any transfer of Content to third-party platforms (such as OnlyFans) is governed solely by your agreements with those platforms. You are solely responsible for complying with their terms and with applicable laws, and CreatorHero is not responsible for the legality or content of such transfers or for third-party actions or decisions, including any actions taken by a third-party platform in connection with such transfers.
Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Policy, which describe how we collect, use, share, and protect personal data and how you can exercise your rights. We process personal data as permitted by applicable law and as described in those policies. Where required (for example, for certain cookies or marketing communications), we will request your consent; otherwise, we rely on other legal bases set out in the Privacy Policy.
From time to time, limited account access may be required to diagnose and resolve technical issues, as described in Section 10 (Technical Support and Account Access). Any such access is restricted to that purpose.
Please review the Privacy Policy and Cookie Policy; you can manage cookie preferences through the consent tools provided.
Age Requirements
You must be at least 18 years old (or the age of majority where you live, if higher) and have the legal capacity to enter into a binding contract to use the Services. You may not use the Services if you are prohibited from doing so under applicable law or if use would be unlawful in your jurisdiction.
Eligibility
Subject to Section 5 (Age Requirements), the Services are available only to individuals and entities capable of forming legally binding contracts under applicable law. You may not use the Services if you are prohibited from doing so under applicable law (including sanctions/export restrictions) or if we have previously suspended or terminated your Account.
If you register or use the Services on behalf of a company, organization, or agency, you represent and warrant that you have authority to bind that entity, and all references to “you” include that entity.
To access the Services, you must create an Account and provide accurate, current, and complete information, and you agree to keep it updated. We may require identity or eligibility verification and may refuse, suspend, or terminate an Account at our discretion, including for violations of these Terms or Section 7 (Acceptable Use).
You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. You must promptly notify us of any unauthorized access or security incident. We may require a password reset or multi-factor authentication. You must not share credentials or allow others to access your Account, except for Authorized Users you invite under your Account, for whom you remain responsible.
You may not sell, transfer, assign, or sublicense your Account or access rights without our prior written consent.
You may configure roles and permissions for team members or agencies that manage your Account; you are responsible for their compliance with these Terms.
We may modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice. We will not be liable for any losses resulting from such changes. We also reserve the right to deny access to anyone at our discretion. Where required by applicable law or as stated in Section 14, our sole obligation upon discontinuation of paid Services during a prepaid term without cause is to provide any required pro-rata refund of prepaid, unused fees.
Acceptable Use
You are responsible for all Content and activity under your Account, including activity by Authorized Users and agencies you permit to access the Services. You must comply with this Acceptable Use section and with all applicable laws.
You must not, and must not allow anyone else to, use the Services to:
violate any law or third-party right, including intellectual property, privacy, or publicity rights;
post, upload, or transmit Content that is illegal, infringing, deceptive, defamatory, harassing, hateful, discriminatory, violent, or violates any applicable law or third-party platform terms;
create, post, or distribute any Content involving minors, sexual exploitation, or non-consensual intimate imagery (zero-tolerance; we will report suspected child sexual abuse material to the authorities);
impersonate any person or entity, misrepresent your affiliation, or engage in fraud, scams, or other deceptive practices;
send unsolicited or unauthorized advertising, promotions, or spam;
submit protected health information, biometric identifiers, or other sensitive or special-category data unless we agree in a separate signed addendum; you are solely responsible for what you input and should avoid including sensitive information unless strictly necessary.
You must not, in relation to the security and operation of the Services:
introduce malware or harmful code, or interfere with or disrupt the Services or their infrastructure;
attempt to gain unauthorized access to systems or data, defeat security or authentication, or probe, scan, or test for vulnerabilities;
reverse engineer, decompile, or otherwise attempt to derive source code or underlying ideas, except where such restriction is prohibited by law;
scrape, crawl, data-mine, or use automated means to access the Services or extract data, except through publicly documented APIs and within any limits we specify;
copy, frame, mirror, or use the Services to build a competing product or service;
share credentials or allow unauthorized access to your Account (you remain responsible for Authorized Users you invite).
You must not use the Services in a way that conflicts with third-party platforms, privacy, or compliance requirements, including by:
violating the terms of any third-party platform or service to which you transfer Content or with which you integrate;
collecting, using, or disclosing Personal Data without a lawful basis or required notices/consents;
violating export control, sanctions, or similar compliance laws.
We may investigate suspected violations and take any action we deem appropriate, including removing or disabling Content, requesting information or proof of rights, requiring you to remediate violations, rate-limiting or blocking access, and suspending or terminating Accounts. We may also report unlawful activity to law enforcement. We may update this Acceptable Use section from time to time to reflect legal or operational requirements.
Use of CreatorHero
CreatorHero grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and CreatorHero Materials solely for your personal or internal business purposes, in accordance with these Terms. The Services and CreatorHero Materials are licensed, not sold.
Except as expressly permitted by these Terms or applicable law, you must not copy, modify, adapt, translate, create derivative works from, distribute, rent, lease, lend, sell, sublicense, or otherwise exploit any part of the Services or CreatorHero Materials; circumvent or disable security or access controls; or reverse engineer, decompile, or attempt to derive source code or underlying ideas (to the extent such restriction is permitted by law). Automated access, scraping, or data extraction is not allowed except through publicly documented APIs and within any limits we publish. Your use must also comply with Acceptable Use.
CreatorHero and its licensors own all right, title, and interest in and to the Services and CreatorHero Materials, including all Intellectual Property Rights. No rights are granted except as expressly set out in these Terms. Any open-source components included in the Services are licensed under their own licenses, which govern your use of those components.
You retain ownership of your Content. To operate, maintain, and secure the Services, you grant CreatorHero a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, transmit, and process your Content, and to create limited derivative works (for example, thumbnails, transcodes, or format conversions) solely as necessary to provide the Services. We may sublicense this license to our service providers for that same limited purpose. This license lasts for the term of your use of the Services and ends when the Content is deleted from the Services, except that we may retain copies in routine backups and disaster recovery systems for a limited period until overwritten in accordance with our backup retention schedule, and/or in restricted-access archives to the extent required by applicable law or to establish, exercise, or defend legal claims (including where a legal hold applies), in each case for the periods permitted by law.
You represent and warrant that you have all rights necessary to submit the Content and grant the license above, and that your Content and use of the Services will not violate law or third-party rights. You are responsible for maintaining appropriate backups of your Content.
We may suspend or terminate your license and access if you violate these Terms. Upon termination, you must cease using the Services and delete any copies of CreatorHero Materials in your possession. We may immediately disable access and make your Content unavailable. Subject to applicable law and our Privacy Policy, we will delete Content from active systems within a commercially reasonable period. In addition, certain Services Data may be deleted after periods of account inactivity as described in Section 12. We may retain certain information and records as required to comply with legal obligations (including tax and accounting requirements), to maintain security and prevent fraud, and to establish, exercise, or defend legal claims (including where a legal hold applies). Where feasible and upon request before the applicable deletion deadline, we will provide a reasonable opportunity to export certain Services Data prior to permanent deletion. Deleted Content is not recoverable from active systems.
The Services may link to or interoperate with Third-Party Services. CreatorHero does not control and is not responsible for Third-Party Services, and your use of them is subject to their terms and policies. Any reliance on Third-Party Services is at your own risk.
Beta Features may be offered for evaluation only, may change or be discontinued at any time, are provided “AS IS” without support, and may be subject to additional confidentiality or usage limits.
Third-Party Services
The Services may enable you to access, use, or integrate with third-party services, software, platforms, or content (“Third-Party Services”), including payment processors, analytics, messaging, hosting, or platforms to which you publish or transfer Content. Your use of any Third-Party Service is governed by that provider’s terms and privacy policies. CreatorHero does not control and is not responsible for Third-Party Services, and we make no warranties about them.
You are solely responsible for (a) enabling and maintaining any accounts, credentials, API keys, or tokens needed to use Third-Party Services; (b) complying with their terms; and (c) the transfer of Content or data to or from any Third-Party Service. We may transmit or receive data to/from Third-Party Services as you configure or direct, and you authorize us to do so in order to provide the Services. We may disable an integration if required by a provider or by law, or if its use poses a security or business risk. Data transmitted to a Third-Party Service is subject to that provider’s controls once it leaves the Services; CreatorHero has no responsibility for that provider’s security or handling of such data.
Technical Support and Account Access
To provide effective technical support, CreatorHero’s technical team may need temporary, limited access to your Account under certain circumstances. By agreeing to these Terms, you acknowledge and accept that access to your Account by CreatorHero’s technical team is one of the methods that may be used to diagnose and resolve technical problems that cannot be addressed through other means. You understand and accept that such access may involve temporarily operating within your Account solely for the purpose of resolving the issue. Any such access will occur only with your just-in-time authorization, on a least-privilege basis, and is subject to our internal access controls.
If Account access is required, the technical team will communicate directly with you to explain the issue and when the access will take place. Access will be strictly limited to addressing the identified technical problem. Support or technical personnel are bound by confidentiality obligations and strong authentication requirements. No changes will be made to your Content, Account, or data unless they are required to resolve the issue. Furthermore, no data will be collected, stored, or used for any purpose beyond resolving the technical problem, and confidentiality will be maintained in accordance with our Privacy Policy and security practices.
If you refuse to allow access to your Account and no alternative resolution is possible, CreatorHero will not be responsible for the unresolved technical issue. To the extent permitted by applicable law, we are not responsible for the portion of the issue that cannot reasonably be resolved without such access. Nothing in this Section limits your non-waivable statutory rights.
Content Ownership and Rights
You retain all right, title, and interest in and to your Content. As explained in Section 8 (Use of CreatorHero), you grant CreatorHero a limited license to host, process, transmit, display, and create necessary technical derivatives of your Content solely to operate, maintain and secure the Services, and we may sublicense that limited license to our service providers for the same purpose. That license ends when the Content is deleted from the Services, subject to routine backups, legal requirements, or the establishment, exercise, or defense of legal claims.
You represent and warrant that you have all rights necessary to submit the Content and to grant the license described above; that your Content and your use of the Services comply with law and do not infringe or misappropriate any third-party rights; that you have obtained any required permissions, licenses, or consents (including for individuals depicted in the Content); and that your use of the Services complies with applicable third-party platform terms where you publish or transfer Content.
CreatorHero is not obligated to monitor Content, but we may remove, block, or disable access to any Content we reasonably believe violates these Terms or the law, and we may preserve and disclose information to law enforcement where required.
If you provide Feedback (ideas, suggestions, or comments), you grant CreatorHero a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, distribute, and create derivative works from the Feedback for any purpose without restriction or attribution.
We may use your name and logo to identify you as a CreatorHero user on our Site and in customary marketing materials. If you prefer that we do not do so, you can opt out at any time by contacting contact@creatorhero.com.
Nothing in these Terms transfers ownership of CreatorHero’s technology, software, designs, interfaces, templates, or other materials; all such CreatorHero Materials remain the exclusive property of CreatorHero and its licensors.
Inactive Accounts, Data Deletion, Export and Reactivation
If a Creator Account does not have an active, assigned License, or if an Agency Account does not have at least one active License associated with it, the applicable Account may be considered inactive. A License becomes inactive when it expires, is canceled, or is removed. Subject to the exceptions below, CreatorHero may delete Services Data associated with an inactive Creator Account after three (3) months, and may delete Services Data associated with an inactive Agency Account after six (6) months, in each case as measured from the date the applicable License became inactive.
Where feasible, we will provide advance notice to the Account owner using the contact details on file prior to deletion. As a general guideline, we intend to provide approximately thirty (30) days’ notice for Creator Accounts and sixty (60) days’ notice for Agency Accounts, with one or more reminders; however, notice periods may vary where required by law, where necessary for security or fraud prevention, or due to operational constraints.
Before the applicable deletion deadline, you may request an export of certain Services Data by contacting us at contact@creatorhero.com. You may prevent deletion by reactivating the applicable License (for example, by renewing or purchasing the required subscription) before the deletion deadline. You may also contact us before the deadline to request assistance with export or to inquire about options to avoid deletion. If the applicable License is reactivated before deletion occurs, the associated Account will not be deleted as described in this Section. If an export is requested or provided but the applicable License is not reactivated, the deletion timeline remains unchanged and the Services Data will be deleted after the export in accordance with this Section.
Notwithstanding the foregoing, CreatorHero may retain certain information to the extent required to comply with legal obligations (including tax and accounting requirements), to maintain security and prevent fraud, and to establish, exercise, or defend legal claims. Any data subject to a legal hold, when litigation, a claim, or an investigation is reasonably anticipated or pending, will be excluded from deletion for as long as the hold remains in effect. In addition, CreatorHero may also retain certain account-related data and configurations for a limited period for the purpose of facilitating Account reactivation or re-onboarding, as described in the Privacy Policy.
Deleted data is not available for restoration through the Services once removed from our active systems. However, copies may remain in encrypted backups for a limited period and will be overwritten in accordance with our backup retention schedule.
Copyright Complaints
We respect intellectual property rights. If you believe material available through the Services infringes your copyright, please email contact@creatorhero.com with: (i) your contact details; (ii) identification of the copyrighted work; (iii) identification of the material and its location; and (iv) a statement that you have a good-faith belief the use is not authorized. We may remove or restrict access to reported material at our discretion and may notify the user. We may share your notice with the user who posted the material. Knowingly false or bad-faith reports may result in Account termination. We may also terminate Accounts of repeat infringers.
Payment and Refund
We may offer free trials or other promotions for certain plans so you can evaluate the Services. At the end of the stated trial period, your paid subscription will begin automatically at the then-current price for your selected plan and billing period unless you cancel before the trial ends. Trials are limited to one per customer unless we state otherwise. We may place an authorization hold or take other steps to validate your Payment Method.
Certain plans are offered on a License basis. A License remains active only while the applicable subscription is active, and access to the Services for a given Creator Account or Agency Account may require one or more active Licenses.
Payments are processed by third-party payment processors. By submitting a payment, you authorize CreatorHero and its processor to charge your Payment Method for all fees, taxes, and charges applicable to your subscription or purchase, and you authorize the use of card-network account updater services to obtain updated card details where available.
SUBSCRIPTIONS RENEW AUTOMATICALLY FOR THE BILLING PERIOD SHOWN AT CHECKOUT (E.G., MONTHLY OR ANNUALLY) UNTIL YOU CANCEL. BY STARTING A TRIAL OR PURCHASING A PAID LICENSE OR PLAN, YOU AGREE TO RECURRING CHARGES TO YOUR PAYMENT METHOD AT THE THEN-CURRENT PRICE UNLESS YOU CANCEL. Except where applicable law requires otherwise, renewals may occur without additional notice. Where applicable law requires renewal or price-change notices, we will provide them in the form and timeframe that law requires.
Renewal of your subscription renews the applicable Licenses associated with your plan.
You may cancel at any time in your Account settings. Unless applicable law requires an earlier effective date, cancellation takes effect at the end of your then-current billing period, and you will continue to have access until that date. If you purchased through a third-party app store or platform, you must cancel through that store or platform.
We may change plan features, limits, and pricing from time to time. Price changes for an active subscription will apply at the next renewal. Where applicable law requires advance notice or affirmative consent for a price change before we may charge you, we will comply with that requirement; otherwise, your continued subscription after the effective date constitutes acceptance of the new price. We do not offer price protection or refunds for promotional or discounted pricing.
If you change plans, upgrades may be charged immediately (including prorated amounts for the remainder of the current term) and downgrades will generally take effect at the next renewal unless we state otherwise at checkout.
If a charge is declined, we may retry the charge, request that you update your Payment Method, and suspend or limit access until payment is successful. You remain responsible for amounts due.
Prices are exclusive of taxes unless stated. You are responsible for any sales, use, VAT/GST, or similar taxes associated with your purchase (other than taxes on CreatorHero’s net income). Taxes may be calculated and charged based on the billing information you provide.
Except where required by law or expressly stated otherwise, fees are non-refundable and we do not provide credits for partial periods. If you believe you are entitled to a refund, contact contact@creatorhero.com; refunds, if approved, will be issued to the original payment method within a reasonable time.
If we discover a pricing or billing error, we may correct it by charging or refunding the correct amount; if the correct amount is higher, we will contact you before charging unless applicable law allows otherwise. For any material adverse change to paid Services not required by law, we will give 30 days’ notice and the change will take effect at the next renewal. If we discontinue the Services without cause, we will provide a pro-rata refund of prepaid, unused fees.
If you are a consumer habitually resident in the EEA or UK, you may have a 14-day withdrawal right for digital services. Where you request immediate access to the Services and acknowledge that you lose the withdrawal right once performance begins, charges are non-refundable after access starts. If you do not request immediate performance, you may withdraw within 14 days by contacting contact@creatorhero.com.
Please contact us first to resolve billing issues. Unfounded or abusive chargebacks may result in suspension or termination of access. This does not affect any non-waivable consumer rights you may have under applicable law.
We may update this Payment and Refund section from time to time. Continued use after notice of changes means you accept the updated terms.
Indemnification
You will defend, indemnify, and hold harmless CreatorHero LLC, its affiliates, and their respective officers, directors, employees, agents, processors, successors, and assigns (collectively, the “CreatorHero Parties”) from and against any and all claims, demands, actions, investigations, losses, liabilities, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your access to or use of the Services, including any misuse or use in violation of these Terms or applicable law; (c) your breach of any representation, warranty, or covenant in these Terms; (d) any dispute between you (or your Agency/Authorized Users) and a third party, including third-party platforms or service providers; (e) the collection or processing of Personal Data by or on your behalf through the Services without a lawful basis or required notices/consents; and (f) your refusal to permit Account access reasonably necessary to resolve a technical issue as described in Technical Support and Account Access, where no alternative resolution is possible.
CreatorHero may, at its option, assume control of the defense and settlement of any matter subject to indemnification. If CreatorHero elects not to assume control, you will control the defense with counsel reasonably acceptable to CreatorHero, and CreatorHero may participate at its own expense. You will not settle any matter without CreatorHero’s prior written consent if the settlement (i) imposes any obligation on a CreatorHero Party, (ii) requires an admission of fault by a CreatorHero Party, or (iii) does not include a full and unconditional release of the CreatorHero Parties. CreatorHero’s failure to promptly notify you of a claim will relieve you of your obligations only to the extent you are materially prejudiced.
This Section survives termination of these Terms. For clarity, your indemnity does not apply to the extent a claim is caused by CreatorHero’s willful misconduct or violation of law.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CREATORHERO MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CREATORHERO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
We do not warrant that the Services (or any results, data, or recommendations) will be uninterrupted, timely, secure, error-free, accurate, complete, or free of harmful components, or that defects will be corrected. You are solely responsible for configuring appropriate safeguards (including antivirus, backups, and redundant storage) to protect your systems and Content.
We make no warranties regarding Third-Party Services (including platforms to which you transfer Content, payment processors, analytics, messaging, hosting/CDN, or integrations) or Beta Features. Your use of any Third-Party Service or Beta Feature is at your own risk and subject to that provider’s terms. We are not responsible for third-party actions or decisions (including account terminations or restrictions on external platforms). The Services and any materials made available through them are informational only and do not constitute legal, financial, or professional advice.
As described in Technical Support and Account Access, limited account access may be required to diagnose issues. Our obligation in such cases is to use reasonable efforts to assist; if you decline access and no alternative path exists, we have no responsibility for unresolved issues.
Some jurisdictions do not allow the exclusion of certain warranties. In those places, we disclaim warranties to the maximum extent permitted by applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CREATORHERO PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any loss of profits, revenue, goodwill, data, use, or business interruption, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.
The aggregate liability of the CreatorHero Parties arising out of or relating to the Services or these Terms is limited to the greater of: (i) the amounts you paid to CreatorHero for the Services in the twelve (12) months before the event giving rise to liability; or (ii) USD $100. This cap applies to all claims in the aggregate and to all theories of liability (contract, tort, including negligence, strict liability, or otherwise).
Without limiting the foregoing, the CreatorHero Parties will have no liability for: service interruptions; delays or failures due to events beyond our reasonable control; Third-Party Services (including actions taken by external platforms to which you publish or transfer Content); Beta Features; loss, corruption, or disclosure of data despite reasonable safeguards; or issues that remain unresolved because you declined the Account access reasonably necessary for technical support as described in the Technical Support and Account Access Section.
Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or willful misconduct. For consumers, any limitations apply only to the extent permitted by mandatory law. If you are a consumer habitually resident in the EEA or UK, this section does not exclude or limit any liability to the extent it would be unlawful to do so under mandatory consumer law.
To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after the claim accrues. This provision does not apply to the extent it is prohibited by applicable law or would limit non-waivable statutory rights.
The limitations in this Section reflect an allocation of risk between the parties and form an essential basis of the bargain between you and CreatorHero.
Region-Specific Terms
Some laws give residents additional, non-waivable rights. This section applies only to the extent required by your place of residence and prevails over any conflicting terms below.
EEA/UK. If you are habitually resident in the European Economic Area or the United Kingdom and use the Services as a consumer, you benefit from mandatory consumer protections under local law. Your privacy rights (access, deletion, portability, objection, restriction, consent withdrawal) and the legal bases, controllers, representative (if applicable), international transfer mechanisms, and how to contact a supervisory authority are described in our Privacy Policy. The 14-day withdrawal right for digital services is addressed in Payment and Refund. Nothing in these Terms limits your non-waivable rights under EU/UK consumer law.
California (CPRA). If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including rights to know/access, correct, delete, and to opt out of the sale or sharing of personal information, and to limit the use/disclosure of Sensitive Personal Information. How to exercise these rights (including “Do Not Sell or Share My Personal Information” and recognition of Global Privacy Control (GPC)) is described in our Privacy Policy. We will not discriminate against you for exercising your rights.
Brazil, Canada, and other jurisdictions. If you are protected by Brazil’s LGPD, Canada’s federal or provincial privacy laws, other U.S. state consumer privacy laws (e.g., Virginia, Colorado, Connecticut, Utah) or other similar regimes, you may have rights to access, correct, delete, port, or object to processing, as detailed in our Privacy Policy. We will process requests in accordance with the laws that apply to you.
Where personal data is transferred across borders, we use appropriate safeguards as described in the Privacy Policy.
Rights requests can be made using the contact methods set out in the Privacy Policy or by emailing contact@creatorhero.com. We may need to verify your identity and, where the law allows, request clarification necessary to process your request.
Governing Law and Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to them or the Services are governed by the laws of the State of New York, without regard to its conflict-of-law rules. If you are a consumer habitually resident in the EEA or UK, you also benefit from any mandatory protections of your country of residence.
Before filing any action, the parties will attempt in good faith to resolve the dispute informally. The complaining party must send a written notice to contact@creatorhero.com describing the dispute and the requested relief. If the dispute is not resolved within 30 days after the notice is received, either party may proceed as set out below.
You and CreatorHero agree to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York, and each party waives any objection to venue or forum non conveniens. This clause does not prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.
TO THE EXTENT PERMITTED BY LAW, YOU AND CREATORHERO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Nothing in this section prevents you from bringing an individual claim in small claims court where jurisdictional requirements are met.
Any time limitations and damages caps are governed by Section 17 (Limitation of Liability).
Miscellaneous
Changes to these Terms. We may update these Terms from time to time. We will provide notice of material changes (for example, by email or in-product notice) and state the effective date. If you do not agree to the updated Terms, you should stop using the Services before they become effective and, if applicable, cancel your subscription. Changes to pricing and billing are governed by Section 14. Except where applicable law requires specific notices or consents, your continued use after the effective date of updated Terms constitutes acceptance.
Electronic communications; notices. You consent to receive electronic communications from us (email, in-product messages, or postings on the Site) and agree that they satisfy any legal requirements for written communications. We may send notices to the email associated with your Account or by posting within the Services. You are responsible for keeping your contact details current. Legal notices to CreatorHero must be sent to contact@creatorhero.com with the subject “Legal Notice” (this email address is not for service of process). Notices are deemed given when sent or posted, except that notices of material changes take effect as stated in the notice.
Relationship; third-party beneficiaries. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency. There are no third-party beneficiaries to these Terms, except the CreatorHero Parties covered by the indemnities.
Assignment. You may not assign or transfer these Terms or any rights or obligations without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law.
Severability; waiver. If any provision is held invalid, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver of our right to do so later.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, labor disputes, power or network outages, acts of government, or acts of terrorism or war.
Export and sanctions compliance. You must comply with all applicable export control and sanctions laws. You may not use the Services if you are located in an embargoed country or are a prohibited or restricted party.
U.S. government users. The Services and related Documentation are “commercial items” and are provided with the rights set forth in these Terms.
Entire agreement; interpretation. These Terms (including the policies incorporated by reference, such as the Privacy Policy and Cookie Policy) constitute the entire agreement between you and CreatorHero regarding the Services and supersede prior or contemporaneous agreements on the subject. Headings are for convenience only. “Including” means including without limitation. We may act as a controller for certain Personal Data (for example, account administration, billing, and security), and as a processor or service provider for Customer Data processed on your behalf in connection with the Services, depending on the context, as described in the Privacy Policy and/or any applicable data processing addendum.
Termination; Suspension; Effect of Termination; Survival. You may terminate these Terms by canceling your subscription (if any) in your Account settings or by contacting us at contact@creatorhero.com; unless applicable law requires otherwise, termination will be effective at the end of your then-current paid billing period and you will retain access until that date. CreatorHero may suspend or terminate your access to the Services and/or terminate these Terms immediately if you materially breach these Terms (including Section 7), if required by law or a court/government order, if your use poses a security risk or could adversely impact the Services or subject CreatorHero or any third party to liability, in connection with suspected fraud or misuse, or for non-payment as described in Section 14; where reasonably practicable, we will provide notice and an opportunity to cure, but we may act immediately to address urgent security, legal, or operational risks. Upon termination, your right to access and use the Services and CreatorHero Materials ceases and any Licenses associated with your Account will end, except to the extent required by applicable law; termination does not relieve you of any payment obligations accrued prior to termination; data export and deletion are governed by Sections 8 and 12, and fees and refunds are governed by Section 14. The following provisions survive termination: Sections 7, 8, 10, 11, 14, 15, 16, 17, 18, 19, and 20.
Contact. If you have any questions regarding these Terms, please contact us at contact@creatorhero.com.
Last Updated: January 2026
