Terms of Service – CreateFame

1) Company & Contact

Barrière Brekers B.V. ("CreateFame", "we", "us", "our")
Groene Woud 60, 4834BC, Breda, The Netherlands
Email: hello@createfame.ai

The Service includes our web application and any associated APIs, websites, mobile or desktop components, integrations, documentation, and support.

2) Eligibility & Account Registration

• You must be at least 18 years old and have legal capacity to enter into a binding agreement.
• You must provide accurate, current, and complete information and keep it up to date.
• You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. Notify us immediately of any unauthorized use.
• We may refuse, suspend, or terminate accounts at our reasonable discretion to protect the Service or other users.

3) Key Definitions

• User Content: text, images, video/audio, writing samples, likeness/reference images, social metadata, schedules, and other materials you upload or input.
• Outputs: AI-assisted or tool-generated results produced by the Service (e.g., text posts, images of you based on your reference image, short-form videos, carousels, captions, quote cards).
• Credits: usage units consumed when generating Outputs; credits top up with an active paid subscription.
• Third-Party Platforms: social networks and services you connect (e.g., Meta, X, TikTok, LinkedIn, Google/YouTube) and third-party AI/API providers (e.g., Anthropic, OpenAI, Google Gemini, Bannerbear, Gamma), the use of which is also subject to their terms.

4) Services & Changes

The Service enables you to:

• Upload source material (text, audio/video), writing samples, reference images, and social profile details;
• Transcribe uploaded audio/video to text;
• Generate Outputs (text posts, images—including images of you using your reference image—short-form videos, carousels, quote/caption cards);
• Collect Outputs into libraries, connect social profiles, schedule and publish;
• Use AI/automation features via integrated third-party APIs.

We may add, modify, or discontinue features (including Beta features) at any time. If a change materially reduces core functionality of a paid plan, you may terminate your subscription at the next renewal.

5) Integrations, Social Posting & Third-Party Terms

• By connecting a Third-Party Platform, you authorize us to use the permissions you grant (e.g., read profile data, create/schedule posts) solely to provide the Service.
• Your use of each Third-Party Platform and third-party AI/API provider is governed by their own terms and policies. We do not control those services and are not responsible for their acts or omissions.
• Tokens/permissions can be revoked by you at any time (in our app or on the Third-Party Platform), which may disable related features.
• Payments are processed by Stripe and subject to Stripe's terms; we do not store full card details.

6) Your Content, Outputs & Licenses

6.1 Ownership

You retain all rights to your User Content. Subject to third-party rights and applicable law, as between you and us, you also own Outputs that are generated for you from your inputs.

6.2 License to CreateFame

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, transform, and process User Content and Outputs solely to provide, maintain, secure, and improve the Service; operate integrations; detect abuse; and provide support.

6.3 Your Likeness & Image Generation

• If you upload a reference image of yourself, you grant us permission to generate images of you (your likeness) as requested by you. We do not use your likeness for biometric identification.
• You must not upload reference images of another person without their explicit, verifiable consent.

6.4 Third-Party Rights & Responsibility

• You are solely responsible for User Content (including scripts, media, and any third-party materials) and for ensuring you have all rights, licenses, and consents needed for the intended use, including personality/image rights.
• You must not input or request generation of content that infringes or misappropriates third-party rights, violates platform rules, or applicable law.

6.5 Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.

7) Acceptable Use & Prohibited Conduct

You agree not to, and not to allow others to:

• Use the Service for unlawful, harmful, deceptive, defamatory, harassing, hateful, or discriminatory content, or to promote violence, self-harm, or dangerous activities;
• Impersonate others; create deepfakes of other persons without their explicit consent; violate image/personality rights;
• Generate or disseminate false or misleading information designed to manipulate civic processes or markets;
• Violate Third-Party Platform rules or third-party IP rights; upload malicious code; probe, scan, or test the vulnerability of systems;
• Reverse engineer, decompile, or attempt to extract source code; circumvent usage limits or security controls;
• Use the Service to build or improve a competing model or service, or resell the Service without our prior written consent.

We may suspend or terminate access, remove content, and cooperate with authorities where we reasonably believe a breach has occurred.

8) Plans, Credits, Billing & Taxes

• The Service may be offered via free, trial, and paid subscription plans. Paid plans include a monthly credit allotment; generating Outputs deducts credits. Unused credits generally expire at the end of the billing period unless otherwise stated at purchase.
• Prices are shown at checkout and may be subject to VAT or other taxes. You authorize recurring charges until you cancel.
• Upgrades take effect immediately (prorated where applicable). Downgrades apply at the next renewal and may reduce features/credits.
• Except where required by law, fees and consumed credits are non-refundable. This does not affect any statutory rights that may apply to consumers in the EEA.
• We may change prices with prior notice before your next renewal. If you do not agree, cancel before the renewal date.

9) Consumer Information for EEA Users

If you are an EEA consumer, you may have statutory rights (e.g., a right of withdrawal for certain online contracts). By starting to use a paid digital service immediately after purchase, you acknowledge that full performance begins and, where applicable under local law, you may lose the right of withdrawal once delivery has started. This section does not limit non-waivable rights under applicable law.

10) Our Intellectual Property

We and our licensors own all rights in the Service, including software, models, algorithms, interfaces, designs, databases, and trademarks. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service during your subscription in accordance with these Terms.

11) Fair Use, API Limits & Beta Features

• To protect reliability, we may apply reasonable rate limits, storage limits, or throughput caps, and may throttle or suspend abusive or abnormal usage.
• Beta or experimental features are provided "as is," may change or be discontinued, and may be subject to additional terms.

12) Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, share, transfer, and secure personal data, and how you can exercise your rights under the GDPR and Dutch law.

13) Notices, Takedown & Disputes Over Content

• If you believe content on the Service infringes your rights, contact hello@createfame.ai with sufficient detail (your contact info, the work/right claimed, the material's location/URL, and a statement of good-faith belief). We may remove or disable access and notify the user.
• We may restore content if a sufficient counter-notice is provided, unless prohibited by law.

14) Availability, Maintenance & Support

• We aim for reliable operation but do not guarantee uninterrupted or error-free Service.
• We may perform scheduled or emergency maintenance; features may be temporarily unavailable.
• Support is provided via in-app channels and email during business hours (Netherlands time), unless stated otherwise in your plan.

15) Disclaimers

• The Service and all Outputs are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
• AI systems can generate inaccurate or inappropriate content. You are solely responsible for reviewing Outputs for accuracy, legality, and appropriateness before use or publication.
• We do not provide legal, financial, or professional advice.

16) Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, goodwill, data, or business interruption.
• Our aggregate liability arising out of or related to the Service will not exceed the amounts you paid to us for the Service in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (e.g., liability for death or personal injury caused by negligence, or for intentional misconduct).

17) Your Indemnification

You will defend, indemnify, and hold harmless Barrière Brekers B.V., its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your User Content or your use of Outputs; (b) your violation of these Terms or applicable law; or (c) your use of the Service in breach of third-party rights or platform policies.

18) Term, Suspension & Termination

• These Terms apply while you access or use the Service. Subscriptions renew automatically each billing cycle until cancelled.
• You may cancel at any time in the app or by contacting us; cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your access (with or without notice) if we reasonably believe you breached these Terms, pose a risk, or are engaged in fraud/abuse/illegal activity.
• Upon termination, your right to use the Service ceases. We will handle personal data per the Privacy Policy and will provide reasonable account export assistance where technically feasible.

19) Changes to the Terms

We may modify these Terms to reflect changes in law, features, or business practices. We will post the updated Terms and, for material changes, provide notice before they take effect. If you do not agree, you must stop using the Service before the effective date; continued use after the effective date constitutes acceptance.

20) Miscellaneous

• Governing Law & Venue. These Terms are governed by the laws of the Netherlands (without regard to conflict-of-laws rules). Courts in the Netherlands (district of Amsterdam) will have exclusive jurisdiction, subject to any mandatory consumer venue rights.
• Language. These Terms are provided in English; in case of discrepancy, the English version prevails.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
• Severability. If any provision is found unenforceable, the remainder will remain in effect and the unenforceable provision will be replaced with an enforceable one that most closely reflects the intent.
• No Waiver. Failure to enforce a provision is not a waiver of the right to do so later.
• Entire Agreement. These Terms and any referenced policies (including the Privacy Policy) form the entire agreement between you and us regarding the Service.
• Subcontracting. We may use subcontractors; we remain responsible for their performance.
• Export & Sanctions. You must comply with applicable export control and sanctions laws and may not use the Service if you are subject to sanctions or in a prohibited jurisdiction.

21) Contact

Questions about these Terms?

Barrière Brekers B.V.
Groene Woud 60, 4834BC, Breda, The Netherlands
Email: hello@createfame.ai