Welcome to MuleRun, provided by Intelligent Cloud Computing (Singapore) Private Limited (“we”, “us”, or “our”). These Terms govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use MuleRun and our related websites, applications, products, services, software, tools, content and documentation (collectively, the “Platform”).
  1. Application and Acceptance of these Terms
By accessing or using the Platform, you (“Creator”, “you” or “your”) agree to be bound by the prevailing version of these Terms of Use, as may be updated from time to time (these “Terms”). If you do not agree to these Terms, you must not access or use the Platform, and you must immediately instruct us to terminate your account in accordance with these Terms. We may publish operating rules, policies, guidelines and procedures from time to time, which are incorporated herein by reference. We make no warranty that the Platform, in full or in part, is available or will continue to be available in any jurisdiction. The functions or features of the Platform may also vary in different jurisdictions. If you are accessing or using the Platform on behalf of a business or entity, then (i) “Creator”, “you”, and “your” include you and that business or entity, (ii) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on your own behalf and on the entity’s behalf, and (iii) you are jointly and severally responsible, together with such business or entity, for any access or use of your account, including without limitation by any employees, agents or contractors.
  1. Your Account with Us
a. Account Registration. To access or use some Platform, you may need to create an account with us and log in to your account. When creating your account, you must provide accurate information, and keep it up to date. b. You may also be able to access the Platform using an existing account of yours with a third-party service (“Third-Party Account”). If the third-party service provider suspends or terminates your access or our connection to such Third-Party Account, your access to the Platform may be interrupted. Your Third-Party Account with the third-party service may be subject to terms and conditions imposed by the third-party service provider. c. We have sole discretion to approve, restrict, suspend, or terminate any account, and are not obliged to explain our decisions. d. You agree that, if you apply for an account: a) we may require you to meet certain eligibility criteria that we set from time to time; b) you shall provide us with such information, materials, documentation, and assistance as we may require or as may be required under applicable law from time to time; c) you represent, warrant, and undertake to us now and on an ongoing basis that: i. all information, materials, and documentation that you provide or make available to us are accurate, up-to-date, and complete; ii. you are not subject to any economic, financial, trade, immigration, aircraft, shipping, or other sanctions, export controls, trade embargoes, or restrictive measures (“Sanctions”) imposed, administered, or enforced in any jurisdiction; and iii. you are not listed on, owned by, or controlled by any person listed on a list issued or maintained by any government or regulatory agency, department, or authority in any jurisdiction responsible for the imposition, administration, or enforcement of Sanctions. e. Account Security. We employ industry-standard security measures to protect your account. Your account is intended solely for your own individual use. You must select a secure password for your account and to keep it confidential. You may not share your account credentials, permit any third party to access or use your account, or otherwise borrow, rent, transfer, or sell any account. If you become aware of any unauthorized access to your account, or have reason to believe that your account credentials have been compromised, or that your account has been accessed or used by a third party, you must notify us immediately at: [email protected]. You agree and acknowledge that: a) it is your sole responsibility to maintain the security and confidentiality of your account and to keep your account credentials secure and confidential; b) you are responsible and liable for all activities conducted through or attributable to your account, whether or not actually authorized or undertaken by you; and c) we are not liable for any unauthorized access to or use of your account, regardless of whether we have received notice of any suspicious or unauthorized activity or any compromise of your credentials. f. Restriction, Suspension, or Termination. Without limiting the generality of the foregoing, we have the right to restrict, suspend or terminate your account and/or your access to or use of the Platform (or any features within the Platform), and/or remove any content stored on any systems associated with the Platform, at our sole and absolute discretion, with or without notice to you, and with or without providing any explanation, including without limitation where: (i) required under applicable law; (ii) any of our service providers are unable to support your use thereof; (iii) we believe you may be in breach or are likely to breach these Terms or any other terms as between you and us; or (iv) we have reason to believe that you may have or are likely to circumvent any controls or restrictions in connection with the Platform, or abuse any features, offers, promotions which we may offer from time to time in connection with the Platform.
  1. General Platform Terms
a. Benefits, features and functions available to you in connection with the Platform may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available in all countries and regions or for all users. b. We may in our sole discretion limit, deny or create different level of access to and use of any part of the Platform (or any features comprised therein) with respect to different users. c. You must comply with the relevant technical documentation applicable to the Platform as posted and updated by us from time to time on the Platform. You further agree, as a continuing condition for your use of the Platform, to abide by all licence terms and conditions of all third party software components, libraries and application programme interfaces comprised in any part of the Platform, as from time to time notified to you via the Platform. d. We reserve the right, at any time and without prior notice, to launch, modify, impose conditions on, suspend, or discontinue any part of the Platform (and/or any features or functionalities thereof), or to apply upgrades or perform maintenance activities. If such actions are reasonably expected to materially affect your use of the Platform, we will use commercially reasonable efforts to notify you in advance and provide relevant information, such as the scheduled date and time of maintenance for the Platform or the Platform. You agree to comply with the requirements communicated to you in such notices, including any instructions related to service maintenance or system updates.
  1. Use of the Platform
a. We may, from time to time allow you to use the Platform to create, develop, modify, configure, test, run, share, publish, and/or offer artificial intelligence (AI) agents for use by end-users (“Users”). These AI agents may comprise a self-contained, reusable automation workflow built on and/or made available via the Platform, consisting of defined input parameters, a sequence of Large Language Model (LLM) model invocation steps, and trigger logic designed to perform specific and/or open-ended tasks. b. Insofar as you develop any AI agents on the Platform (collectively, “Creator AI Agents”), unless otherwise expressly provided in these Terms, subject to your full and timely compliance with these Terms, as between you and us, you retain all right, title, and interest in and to such Creator AI Agents, including all associated intellectual property rights. All right, title, and interest in and to the Platform (including all underlying technology, software, systems, features, interfaces, and intellectual property) are and shall remain exclusively owned by us and/or our licensors. Nothing in these Terms transfers or shall be construed as transferring to you any intellectual property or other proprietary rights in the Platform, or in any third-party services or third-party content made available through the Platform. c. You agree to comply with the following rules in connection with the Platform, including without limitation when developing, uploading, and/or offering Creator AI Agents via the Platform. (i) You shall not rent, lease, distribute, license, transfer or sell, the Platform or any part thereof; (ii) You shall not engage in any deceptive, misleading, or harassing conduct (including but not limited to passing off or representing outputs generated by any Creator AI Agents as human-generated, plagiarism or academic dishonesty, disinformation, scams, phishing, hide or attempt to hide your identity); (iii) You shall not upload, transmit, communicate, and/or reproduce via or through the Platform and shall procure and ensure that your Creator AI Agents do not generate, upload, transmit, communicate, and/or reproduce any material that: (1) is or may be illegal, defamatory, obscene, harmful, and/or offensive; (2) infringes or may infringe any third party rights (including without limitation intellectual property and data protection rights); (3) contains any sensitive personal data; (4) is inaccurate, false, or misleading; (5) contains or relates to any pornography or sex-related content, or any other content that otherwise promotes sexually explicit materials; (6) promotes discrimination, including without limitation on the basis of on race, sex, religion, nationality, disability, sexual orientation, or age; (7) is objectionable on the grounds of public interest, public morality, public order, public security, national harmony or is prohibited by applicable laws; (8) advocates or instructs on suicide or self-harm; (9) advocates or instructs on violence or cruelty to, physical abuse of, or acts of torture or other infliction of serious physical harm on, human beings; (10) deals with matters of race or religion in a way that is likely to cause feelings of enmity, hatred, ill will or hostility against, or contempt for or ridicule of, different racial or religious groups in Singapore; (11) advocates or instructs on terrorism; (12) advocates engaging in conduct in a way that: (1) obstructs or is likely to obstruct any public health measure carried out in Singapore; or (2) results or is likely to result in a public health risk in Singapore; (13) contains any ‘prompt injections’ or other inputs intended or likely to circumvent any controls or restrictions in connection with the Platform and/or any Creator AI Agent, or cause the Platform and/or any Creator AI Agent to behave in an unexpected or unintended manner; or (14) contains any harmful inputs, code, or files that contain viruses, trojans, worms, time bombs, logic bombs or other material that is malicious or technologically harmful. (iv) You shall procure and ensure that your use of the Platform, your activities in connection with the Platform, and any use of your Creator AI Agents by Users: (1) at all times complies with all applicable laws; (2) does not infringe any third party rights (including without limitation any copyright, trademark, patent, or other intellectual property rights, rights of publicity, or data protection or privacy rights); (3) does not involve the fabrication or dissemination of false or misleading information; (4) does not abuse, harm, interfere with, or disrupt the integrity or performance of the Platform or any person’s enjoyment or legitimate use of the same; (5) does not restrict or inhibit any person from using or enjoying the Platform; (6) does not expose us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type, including reputational harm; and (7) does not cause all or any portion of the Platform to become subject to any open-source software license (including, without limitation, licenses with copyleft or reciprocal obligations). (v) You shall not and shall not permit or assist anyone to use the Platform or any Creator AI Agent; (1) to fabricate or disseminate false or misleading information; (2) to send any form of unauthorised or unsolicited messages including spam; (3) to obtain unauthorised access to any system or information or deceive or mislead any person; (4) to undermine the integrity of the computer systems or networks used by us and/or any user of the Platform, or attempt to gain unauthorized access to such computer systems or networks; (5) to probe, scan, test the vulnerability of or attempt to circumvent any security or authentication measures or features, functionalities, data, information or content that you are not authorised to access; (6) to interfere with, ‘jailbreak’, or disrupt the proper working of the Platform (or any part thereof), and/or any website or any networks connected to the Platform, whether via ‘prompt injections’ or otherwise; (7) to modify, alter, tamper with, repair, or create derivative works of any software included in the Platform; (8) to reverse engineer, disassemble, or decompile any part of the Platform; (9) to scrape, mine, or distil any information, data or content from the Platform (including without limitation any Creator AI Agents or outputs) whether using scripts, engines, software, tools, agents, devices, data mining tools, scraping techniques, distillation techniques, or other means or mechanisms, in each case whether manual or automated; (10) to access or use the Platform in a way intended to avoid the relevant fees; (11) in any way which exceeds any rate limits or which imposes or may impose an unreasonable or disproportionately large load on the Platform, any Creator AI Agents, and/or any third party service; (12) to use the Platform or any information, data, or content (including without limitation any Creator AI Agents or outputs) made available via the Platform to develop or improve any products or services (including without limitation any models) that compete with or are similar in functionality to the Platform, any Creator AI Agent, or other services provided by or on behalf of us or our affiliates (or any aspect thereof); (13) to impersonate or attempt to impersonate us, another user or any other person (living or dead) or entity, including without limitation using any person’s account without authorization; (14) in connection with any of the following: i. military purposes and/or warfare; ii. development of weapons, explosives, or dangerous materials; iii. management or operation of critical infrastructure (e.g., transportation, energy); iv. creation or distribution of controlled substances; v. solicitation or distribution of information in connection with self-harm; vi. activities with high risk of economic or other harm to any person (e.g., gambling, automated determinations of eligibility for credit, employment or educational institutions); vii. political purposes (e.g., building conversational or interactive chatbots for political campaigning or advocacy or lobbying purposes); or viii. analysing individuals or groups of natural persons for unlawful or discriminatory purposes; (vi) You agree that it is your sole responsibility to obtain all necessary permits, licenses, and/or approvals required by laws and/or regulations, and to comply with all applicable laws in connection with your development, operation, and/or offering of any Creator AI Agents for use on or via the Platform (including without limitation intellectual property, data protection, and privacy laws). (vii) You shall procure and ensure that your Creator AI Agents: (1) do not collect, use, disclose, and/or process sensitive personal data; (2) are developed in accordance with, facilitate compliance with, and are used in accordance with all applicable laws and third party rights (including without limitation any intellectual property rights, rights of publicity, data protection, privacy rights, and contractual rights); (3) are developed in accordance with industry standards and with the care, skill and diligence expected from a reasonably and suitably skilled person experienced in developing AI agents; (4) comply with industry standards and standard practices, including without limitation the Robots Exclusion Protocol (robots.txt); (5) are not held out as suitable for use in connection with, and are not used in connection with professional, medical, legal, or other regulated activities; (6) are not held out as suitable for use in, and are not used in, any dangerous or high risk environments, in connection with any critical systems, or in any situation where there is a risk of serious bodily injury, death, or environmental, property, or other damage; (7) are not held out as suitable for use for, and are not used for, any purpose that may have a legal, financial, or other material impact on an individual, such as making, assisting, or influencing decisions relating to credit, education, employment, housing, insurance, legal rights, medical treatment, or other significant decisions, assessments, or judgments containing any person. (viii) You shall procure and ensure that Users are: (A) aware of the restrictions and limitations in relation to your Creator AI Agents referred to in Section 4(c)(vii); and (B) comply with the same at all times; To the fullest extent permitted by law, if you breach any part of these Terms or we have reason to believe you may breach any part of these Terms, we may, with or without notice to you, immediately and without liability, and with or without providing any reason: (i) suspend or terminate your account or access to the Platform; and (ii) delete and/or disable access to any or all of your Creator AI Agents and/or all associated data.
  1. Creator Content
a. Any Creator AI Agents, names, slogans, trademarks, logos and other designations, prompts, text, URL, codes, or other information, data, datasets, content, documentation or materials that you upload, import, submit, post, display, or otherwise make available (collectively referred to as “make available” hereafter in this Section) on or through the Platform, is referred to as “Creator Content”. b. As between you and us, you retain ownership of your Creator Content, subject to the license granted to us hereunder. c. We may, from time to time, allow you to make available Creator Content on the Platform, including without limitation in relation to Creator AI Agents. d. We are not obliged to store, maintain, or provide you with a copy of Creator Content. Creator Content made available on the Platform may be removed or rendered inaccessible from time to time, even if not marked for deletion by you. You are solely responsible for all your Creator Content and it is your sole responsibility to take appropriate redundancy and/or backup measures in connection with any such Creator Content that you require. e. You hereby grant to us, our affiliates and our third-party partners (and undertake to procure and ensure the grant of) (collectively, the “MuleRun Parties”) an unconditional, irrevocable, non-exclusive, royalty-free, sublicensable, transferable, perpetual and worldwide license, to reproduce, use, communicate, modify, adapt, and/or authorise or adapt any of the foregoing in connection with all Creator Content, for the purpose of providing the Platform for any and all of the following purposes: (i) operating and providing the Platform; (ii) improving the Platform and developing new products and services (including, without limitation for our internal business purposes and/or for other customers); and (iii) any other purposes described or contemplated in these Terms. For the avoidance of doubt, the rights are granted on a “royalty-free” basis meaning that you are granting to the MuleRun Parties the right without incurring any obligation to pay royalties, fees or other payments to you or to any third party, to the extent permitted by applicable laws. f. By making available any Creator Content: (i) You represent and warrant that you own or have necessary license, authorization or clearance, and you have provided any required notice and obtained all required consents, to make available the Creator Content, and to grant to the MuleRun Parties all rights granted or purported to be granted by you in these Terms; (ii) You agree and acknowledge that you are solely responsible for ensuring that the Creator Content complies with applicable laws and does not infringe any third party rights. (iii) You represent and warrant to us that your making available of Creator Content and our processing, use, reproduction, and/or communication of the same as described or contemplated in these Terms: (i) will not violate these Terms, applicable law, or any third party rights (including without limitation any intellectual property, confidentiality, or contractual rights); and (ii) will not require us to comply with any additional licence or contractual terms beyond those set out herein, including without limitation any obligations to disclose, redistribute, or provide access to any source code, licence any material to any third party, or redistribute any material at no charge; (iv) You represent and warrant to us that the Creator Content is non-confidential and we are not under any obligation of confidentiality to any person regarding any Creator Content unless agreed otherwise in a separate direct contract between you and us or required under applicable law, and you agree and acknowledge that we may use and disclose Creator Content to operate and provide the Platform, to comply with applicable laws, enforce these Terms, prevent fraud, fix security or technical issues and/or in other circumstances we believe to be appropriate. (v) You undertake to indemnify, defend and hold the MuleRun Parties harmless against any claims arising from or in connection with Creator Content. g. You hereby waive (and shall procure and ensure the same) any and all rights of privacy, publicity, moral rights or any other rights of a similar nature in connection with Creator Content, or any portion thereof, and you agree not to assert, support, maintain or permit any action based on any such right that you may have in relation to Creator Content, to the extent permitted by the applicable laws. h. If any Creator Content you make available contains personal data, you are responsible and accountable for such data, and you agree to and shall comply with the Data Processing Addendum available at [URL] and/or via such other means as we may prescribe from time to time.
  1. Certified Creators and Creator AI Agents
a. Certification as a Creator. (i) We may, from time to time, allow you to apply to be a certified creator on the Platform (“Certified Creator”). To apply for certification, you must complete the Platform’s certification process by submitting accurate, complete, and current personal or business information, along with any additional supporting documentation as specified in the creator certification guidelines, as provided or updated by us from time to time. You represent and warrant that all information provided to us, and all statements, representations, and promises made in connection with your certification, are true, accurate, complete, and not misleading, and do not contain any false, inaccurate, or fraudulent content. If any such information changes, you agree to promptly notify us and submit updated information through the designated channels. You shall bear sole responsibility for any adverse consequences resulting from your failure to update your information in a timely manner. You acknowledge and agree that we reserve the right to verify all information submitted during the certification process. (ii) It is a continuing condition of your status as a Certified Creator that you agree to be bound by these Terms, the Creator Privacy Policy, and the prevailing version of our Data Processing Addendum (“DPA”) available at [insert URL] and/or via such other means as we may specify from time to time, and as may be updated from time to time. (iii) You acknowledge and agree that we reserve the right, at our sole and absolute discretion, to: (A) approve or reject any application for certification, with or without cause and without obligation to provide explanation; (B) suspend or revoke a Creator’s certification at any time if the Creator fails to comply with these Terms, and/or any applicable policies or rules of the Platform; and (C) require any Creator to undergo re-certification at any time, with or without prior notice. b. Rights for Certified Creators. If your application is approved by us, and subject to your full and timely compliance with these Terms, for so long as you are a Certified Creator, we may allow you to: (i) publish your Creator AI Agents on the Product page of the Platform (“Marketplace”) for use by Users, in accordance with the guidelines provided by us, which may be updated from time to time; and (ii) define the description, functional features, intended use cases, service terms, and other relevant information for your Creator AI Agents subject to applicable policies provided by us. All rights not expressly granted herein are reserved by us. We may, at our discretion, enter into separate agreements with you to address rights or uses not covered under this license. This license is conditional upon your continued compliance with these Terms and may be revoked at any time if you breach any of these Terms. c. Offering of Your Creator AI Agents. You acknowledge and agree that in connection with the offering of your Creator AI Agents on the Platform, you shall ensure the following: (i) The Creator AI Agents you offer on the Platform comply with applicable laws and regulations, these Terms and applicable policies, and do not infringe any third-party rights or promote illegal or harmful content; You further acknowledge and agree that: (A) by offering a Creator AI Agent on the Marketplace, you thereby grant Users rights to use it in accordance with the Platform’s applicable rules, terms, and policies and/or such other terms and conditions you may set; (B) all payments in connection with Creator AI Agents are accepted, processed, and transmitted by such licensed third-party payment service providers as we may designate from time to time (“PSPs”), and we are not in any way responsible for the acceptance, processing, and/or transmission of any payments in connection with Creator AI Agents; (C) all terms of these Terms applicable to you shall apply, mutatis mutandis, to the listing, distribution, and sale of your Creator AI Agents on the Marketplace, regardless of when such Agents were originally published; and (D) you grant us the right to upload, list, publish, and otherwise make available Creator AI Agents on the Marketplace for use by Users; (E) you agree to cooperate with us, as reasonably requested, in connection with the exercise of our rights, including by preparing, and signing any necessary documentation governing the use of Creator AI Agents by Users. The exercise of our rights as set forth above shall not affect any rights you may retain in Creator AI Agents, including but not limited to intellectual property rights. You shall remain solely responsible for compliance with all applicable laws and regulations relating to the development, publication, and operation of Creator AI Agents. (ii) You shall ensure Creator AI Agents you published are free from security vulnerabilities, bugs, or performance issues that could adversely affect Users. You shall promptly notify Users through the Platform of any updates, changes, or improvements to such Creator AI Agents, as well as any modifications to the technical documentation or other supporting materials provided to them (“Supporting Documents”). If Users encounter issues when using your Creator AI Agents, you agree to cooperate with us as reasonably requested to address and resolve them. (iii) You shall be solely responsible for obtaining and maintaining all required regulatory approvals, certifications, licenses, and permits necessary for the development, publication, and operation of your Creator AI Agents, in accordance with all applicable laws and regulations. Such compliance must be achieved prior to offering the Creator AI Agents on the Platform and maintained for as long as they remain available; (iv) You will properly configure and operate your Creator AI Agents, and implement appropriate technical and organizational measures to ensure their security, including but not limited to the use of encryption, data protection, and regular backup of content related to your Agents; (v) We reserve the right, but not the obligation, to review any Creator AI Agent you submit for publication and reserve the sole and absolute right to approve or reject its listing on the Platform. However, such review does not constitute our endorsement, approval, or assumption of any liability for your Agents, including their functionality, content, compliance, or any claims arising therefrom. The review is conducted at our discretion for risk management, policy enforcement, and quality control purposes. (vi) If your published Creator Agent is used in connection with specific Services offered by the Platform, you agree to comply with any applicable rules or requirements we may publish from time to time. d. By enabling any feature that allows you to view the interactions between your Creator AI Agents and Users: (i) you instruct us to provide you with access to an anonymised version of the data and materials relating to such interactions in a read-only format; and (ii) without prejudice to your obligations under the DPA, you further represent and warrant to us that you have obtained all necessary consents and provided all necessary notices to the relevant individuals for us to disclose any personal data and other materials relating to such interactions to you.
  1. Payments
a. General Payment Terms. We may require you to pay fees in order to use certain features and/or components of the Platform. We reserve the right to modify the availability of such features or components and the applicable payment terms, including the fees, at our sole discretion, as permitted by applicable laws. Unless otherwise specifically provided for in these Terms, all fees are denominated in U.S. Dollars (USD) and are non-refundable, except as required by law. The pricing and payment terms in this Section are subject to any pricing and payment terms separately agreed between you and us. b. Fees. The fees charged may vary across jurisdictions and may also vary depending on how you access and use the Platform. Unless stated otherwise, the fees shown on the Platform exclude taxes and ancillary or incidental fees that may apply. The amount of any applicable taxes or ancillary or incidental fees will be added to the price and displayed during check-out, prior to your confirmation of the payment. You are solely responsible for paying any applicable taxes and ancillary or incidental fees. c. Payment Processing. If payment of fees is required, you must make payment using one of the payment methods designated by us, which we reserve the right to change at any time, at our sole discretion, and which may vary depending on your jurisdiction and the applicable payment option. All payments in connection with the Platform are accepted and processed by the relevant PSPs and we are not responsible for accepting or processing any payments in connection with the Platform. You agree to comply with any terms and conditions governing such payments prescribed by the relevant PSP. d. By providing us with a payment method, you: (i) represent that you are authorized to use that payment method and that all information you provide in connection with the payment method is accurate; (ii) authorize us to share information relating to you, your selected features and/or components, and your payment method with the PSPs in order to effectuate the payment; and (iii) authorize us (including through the PSPs) to charge you for your selected features and/or components using your payment method. e. If for any reason, any payment cannot be processed by any PSP using your provided payment method or is reversed for any reason, we may decline to provide or prevent your continued access to, as applicable, the Platform (and/or any part thereof). f. Subscription. If you purchase a subscription-based plan (“Subscription”), you will be charged in advance according to the billing cycle of your selected plan, and payments will automatically renew for each billing period. The “Subscription Billing Date” is the date you first purchase the Subscription. Service begins on this date and continues for the initial subscription period you select (“Initial Subscription Period”). The Subscription will then automatically renew for successive periods of the same length (“Subscription Periods”), unless you cancel or we terminate the related Subscription. By activating the Subscription, you authorize us and the PSPs to charge all accrued fees on or before each due date, on an ongoing basis until cancellation. Details about the recurring fee (“Subscription Fee”) are available on our Pricing Page or within the Platform. Your account will be automatically charged on the Subscription Billing Date and each renewal date for all applicable fees and taxes(if applicable) for the upcoming Subscription Period. To avoid being charged for the next period, you must cancel your Subscription at least 24 hours before it renews. You may cancel via the billing menu in your account or by contacting us at [email protected]. Cancellation must be received before the renewal date, otherwise fees may be payable for the next Subscription Period. g. Credits. We may, from time to time, grant you certain credits (“Credits”) upon subscription to a plan or participation in a program or activity we conduct. Credits may be used to make payment in respect of your use of certain features and/or components of the Platform. Such Credits are not transferable or usable outside of the Platform, will not be directly accepted by any third party or any section of the public, and once issued, cannot be exchanged for cash.
  1. Ownership and Licenses
a. You agree that the Platform is owned by us and our licensors, and we retain all right, title, and interest in and to the Platform, including all improvements, enhancements, and modifications thereto, and all intellectual property rights associated with the foregoing. All rights not expressly granted to you under these Terms are reserved by us. b. Subject to your full and timely compliance with these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, and revocable licence to access and use the Platform solely in accordance with these Terms. You acknowledge and agree that we may terminate this licence granted to you and/or remove or disable access to any Creator Content, at any time, if you breach these Terms or for any other reason, with or without written notice to you, to the maximum extent permissible under applicable law. c. We respect the intellectual property rights of others, take the protection of intellectual property rights very seriously, and ask users of the Platform to do the same. Without limiting the generality of our rights reserved elsewhere in these Terms, we reserve the right to respond to suspected infringement of intellectual property or publicity rights by: (i) blocking your access to the Platform, (ii) terminating your account for the Platform, (iii) removing or blocking Creator Content, (iv) withholding payments to you; and/or (v) taking other actions we deem appropriate. We may also disclose your identity to third parties, including without limitation our advisors, sub-contractors, any third party who is claiming that any Creator Content constitutes a violation of their intellectual property or other rights. d. If you have an intellectual property rights-related complaint about any material on the Platform, or if you believe that any content made available on or through the Platform has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written claim to us at [email protected]. The written claims must include the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that has been infringed, and a statement of rights secured over the same; (iii) a description of the infringing material and where the same is located on the site; (iv) address, telephone number, and e-mail address of the copyright owner or its agent; (v) a statement that the person submitting the claim has certain knowledge that the disputed use is not authorized by the copyright owner, its agent, or the laws; and (vi) a statement by the person submitting the claim, made under penalty of perjury, that the above information in the notice is accurate and that the person submitting the claim is the copyright owner or authorized to act on the copyright owner’s behalf. e. We will duly consider all notices submitted in accordance with the requirements above. You agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any infringing material, unless you have first given us notice in accordance with the requirements above, and a reasonable and sufficient opportunity to remove the infringing material following your notice to us. Where we remove the infringing material in response to your notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any infringing material appearing on the Platform prior to such removal by us. f. You agree and acknowledge that we have no control and are not responsible or liable for any content or material on third party platforms or services.
  1. Third Party Services
a. We may, from time to time, allow you to access and use third-party services (including, without limitation, third party large language models (“LLMs”), plugins, and APIs and other external tools, collectively, the “Third-Party Services”), which may include: (1) third-party services that are integrated into or made available through the Platform; and (2) third-party services that you select, integrate, or deploy and access via APIs or other means. You acknowledge and agree that: (i) Third-Party Services are provided to you by third-party service providers; (ii) Third-Party Services may be subject to additional terms and conditions (including without limitation user terms, acceptable use policies, privacy policies, and content policies) published or otherwise made available by the applicable third parties, and you shall comply with the same at all times; (iii) to facilitate your use of the Platform, your Creator Content may be shared with such third parties (for example, to enable a third party LLM to generate output); (iv) your data (including any personal data disclosed to us) may be collected, used, disclosed, and/or processed by such third parties; please refer to the third-party service providers’ privacy policies and other applicable policies for more information; you represent and warrant that you have taken all necessary steps, including providing any required notice and obtaining all required consents, for compliance with applicable laws in respect of such collection, use, disclosure, and/or processing; (v) we are not responsible or liable in any way in connection with any Third-Party Services, including without limitation any use of Creator Content, or output generated or other content made available by Third-Party Services; and (vi) without prejudice to the generality of the foregoing, we have no obligation to pre-screen, monitor, review, or edit any output or other content or services provided by or through such Third-Party Services. (vii) to the fullest extent permitted by laws, any dispute you have with any third party arising out of your use of any Third-Party Services is directly between you and such third party, and you irrevocably release us from any and all claims, demands, fines, indemnifications and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such dispute. (viii) you are solely responsible for conducting your own assessment and verification of any technical, legal, or security risks associated with such Third-Party Services; and (ix) you are solely responsible and liable for any losses, damages, or consequences arising from your use of any Third-Party Services. b. You acknowledge and agree that we have the right, but not the obligation, to: (i) inspect or test any Third-Party Service that you integrate with or display through the Platform, for purposes of quality assurance and compliance with these Terms; and (ii) pre-screen, monitor, review, or edit your use of any Third-Party Services and the information generated thereby. However, any such action (or inaction) by us shall not constitute or imply any responsibility or liability on our part for the security, compliance, accuracy, completeness, or legality of your use of such Third-Party Services, or of the content, data, or outputs generated as a result of such use. We do not endorse, control, or assume any responsibility or liability for any Third-Party Services or the outputs derived from their use. Your reliance on or use of any Third-Party Services and associated outputs is at your sole risk.
  1. Personal Data
a. You agree that: (i) it is a continuing condition of your access and/or use of the Platform that you agree the prevailing version of the Creators Privacy Policy; (ii) your consents herein supplement and are cumulative and additional to, any other consents which you may have provided us and any other rights which we may have to collect, use, and/or disclose your personal data, with or without your consent, to the extent permitted under applicable law. b. You agree that any processing of personal data which you disclose or make available to us is for your purposes and on your behalf only, and you remain responsible for complying with all applicable data protection requirements in relation to such personal data. Without limiting the generality of the foregoing, you represent and warrant to us that: (i) you have obtained all necessary rights and consents in relation to any personal data you upload, provide, store, process, share, or make available via the Platform (including without limitation as may be comprised in any Creator Content), and you have obtained consent from the relevant individuals and provided all necessary notices to the relevant individuals, for you to disclose and transfer such personal data, information, or other material to us, and for us to collect, use, disclose, and/or process such personal data: (1) for the purposes referred to in the Creators Privacy Policy; and (2) for any purposes described or contemplated in these Terms; and (ii) none of these consents referred to in (i) have been withdrawn.
  1. Feedback
We value the thoughts and comments shared by Creators. If you choose to provide us with input, suggestions, or feedback regarding existing features, issues with the Platform, or proposed modifications or improvements (“Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty-free licence to use, reproduce, modify, adapt, publish, and otherwise exploit such Feedback in any manner and for any purpose, including but not limited to improving the Platform or developing new products and services, whether commercial or otherwise. By submitting Feedback, you acknowledge and agree that: (i) all Feedback is provided on a non-confidential basis. We are under no obligation to treat any part of your Feedback as confidential, nor to refrain from using or disclosing it in any way; (ii) we have no obligation to review, consider, or implement your Feedback, or to return any part of it to you for any reason; and (iii) we are not required to provide you with attribution or credit for any Feedback you submit.
  1. Indemnity
a. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS (THE “INDEMNITEES”) HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES SUFFERED BY ANY OF THE INDEMNITEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OR IN CONNECTION WITH ANY OF THE FOLLOWING: (i) YOUR DEVELOPMENT, DEPLOYMENT, OFFERING, OR MAKING AVAILABLE OF ANY CREATOR AI AGENTS; (ii) ANY USERS’ USE OR OPERATION OF YOUR CREATOR AI AGENTS; (iii) ANY BREACH BY YOU OF THESE TERMS; (iv) ANY BREACH BY YOU OF THE TERMS AND CONDITIONS OF ANY THIRD PARTY SERVICES; (v) ANY CONDUCT THROUGH OR ATTRIBUTABLE TO YOUR ACCOUNT; (vi) YOUR VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THIRD PARTY RIGHTS; AND/OR (vii) YOUR FRAUD OR OTHER ILLEGAL ACTS, OR YOUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. b. YOU AGREE TO ALLOW US TO CONTROL THE INVESTIGATION, DEFENSE, AND SETTLEMENT OF ANY LEGAL CLAIMS FOR WHICH YOU ARE OBLIGATED TO INDEMNIFY THE INDEMNITEES, AND TO COOPERATE WITH OUR REASONABLE REQUESTS IN THIS REGARD. c. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM (INCLUDING WITHOUT LIMITATION ANY DISPUTE BETWEEN YOU AND ANY USER) IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREEVOCABLY RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, FINES, INDEMNIFICATION OBLIGATIONS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. d. THIS CLAUSE 12 (INDEMNITY) WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS FOR ANY REASON.
  1. Disclaimers and Exclusion of Warranties
a. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES ARE DYNAMIC AND CONTINUOUSLY EVOLVING. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THE INHERENT LIMITATIONS OF AI-GENERATED OUTPUT AND ACCEPT FULL RESPONSIBILITY FOR ITS USE AND INTERPRETATION WITHIN YOUR SPECIFIC CONTEXT. DUE TO THE PROBABILISTIC NATURE OF MACHINE LEARNING ALGORITHMS, THE PLATFORMMAY OCCASIONALLY PRODUCE OUTPUTS THAT ARE NOT FACTUAL, COMPLETE, OR ACCURATE. ACCORDINGLY, WE DO NOT GUARANTEE THAT ANY CONTENT GENERATED BY THE PLATFORM IS COMPLIANT, ACCURATE, OR COMPLETE, NOR DOES ANY SUCH CONTENT REPRESENT OUR OPINIONS OR VIEWS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO USE ALL OR PART OF THE AI-GENERATED CONTENT. YOU AGREE NOT TO RELY ON ANY INFORMATION GENERATED BY THE PLATFORM, AND WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM YOUR RELIANCE ON THE PLATFORM. BY UTILIZING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: (i) VARIABLE ACCURACY: AI-GENERATED CONTENT MAY NOT ALWAYS BE ACCURATE, AND MAY BE MISLEADING, INCOMPLETE, ERRONEOUS, OR LACK CONTEXT, OR CONTAIN INAPPROPRIATE, UNINTENDED, AND/OR OFFENSIVE ELEMENTS. YOU SHOULD NOT DEPEND SOLELY ON AI-GENERATED CONTENT FOR FACTUAL INFORMATION, AS A DEFINITIVE SOURCE OF TRUTH, OR AS PROFESSIONAL, MEDICAL, LEGAL, SPECIALISED, RELIABLE, OR ACCURATE ADVICE (OR A SUBSTITUTE FOR ANY OF THE FOREGOING). (ii) RESPONSIBILITY TO ASSESS OUTPUT: YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE ACCURACY, RELIABILITY, AND SUITABILITY OF AI-GENERATED OUTPUT FOR YOUR SPECIFIC NEEDS. THIS INCLUDES CONDUCTING A HUMAN REVIEW, WHERE NECESSARY, PRIOR TO YOUR USE OR DISSEMINATION OF AI-GENERATED OUTPUT. (iii) PROHIBITED USE OF OUTPUT: YOU ARE PROHIBITED FROM USING ANY OUTPUT RELATED TO AN INDIVIDUAL FOR PURPOSES THAT COULD SIGNIFICANTLY AFFECT THAT PERSON. THIS INCLUDES, BUT IS NOT LIMITED TO, DECISIONS RELATED TO CREDIT, EDUCATION, EMPLOYMENT, HOUSING, INSURANCE, LEGAL MATTERS, MEDICAL DECISIONS, OR OTHER SUBSTANTIAL DETERMINATIONS. (iv) NATURE OF OUTPUT: AI-GENERATED CONTENT SHOULD NOT BE CONSIDERED TO BE REFLECTIVE OF OUR VIEWS OR POSITIONS. ADDITIONALLY, ANY REFERENCE TO THIRD-PARTY PRODUCTS OR SERVICES WITHIN THE OUTPUT DOES NOT IMPLY ENDORSEMENT OR AFFILIATION WITH US. b. WE DO NOT WARRANT THAT THE PLATFORM, IN WHOLE OR IN PART, WILL BE AVAILABLE IN ANY PARTICULAR JURISDICTION. THE FEATURES OR FUNCTIONALITY OF THE PLATFORMMAY VARY BY JURISDICTION. c. NOTHING IN THESE TERMS WILL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. d. UNLESS OTHERWISE SPECIFIED IN WRITING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM (OR ANY FEATURE OR CONTENT WITHIN THE PLATFORM) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. e. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO THE PLATFORM (OR ANY FEATURE OR CONTENT WITHIN THE PLATFORM). THIS INCLUDES BUT IS NOT LIMITED TO DISCLAIMERS OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE THAT THE PLATFORM WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, BUG-FREE, VIRUS-FREE, OR THAT CONTENT OR INFORMATION WILL BE SECURE, UNALTERED, OR NOT BE LOST. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS AND ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PLATFORM WILL BE CORRECTED. f. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF PLATFORM (OR ANY FEATURE OR CONTENT WITHIN THE PLATFORM) FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY.
  1. Limitation of Liability
a. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE SHALL NOT BE LIABLE TO YOU FOR OR IN CONNECTION WITH ANY OF THE FOLLOWING: (i) ANY LOSS OF PROFIT OR BUSINESS (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (ii) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; (iii) ANY LOSS OF OPPORTUNITY; (iv) ANY LOSS OF DATA; (v) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR (vi) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF OR IN CONNECTION WITH: (a) ANY CHANGES WHICH WE MAY MAKE TO THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM (OR ANY FEATURE OR CONTENT WITHIN THE PLATFORM); (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; (c) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. b. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. YOU ARE RESPONSIBLE FOR ANY MOBILE OR NETWORK CHARGES THAT MAY APPLY TO YOUR USE OF OUR PLATFORM, INCLUDING DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR MOBILE OR NETWORK SERVICE PROVIDER BEFORE USING THE PLATFORM. c. To the extent not excluded and to the maximum extent permissible under applicable law, the aggregate liability of the Indemnitees to you in connection with these Terms is limited to $100. d. Force majeure. Under no circumstances are we liable for any delay, failure, interruption, or disruption in the Platform or in the performance of our obligations under these Terms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control or which render the performance of such obligation impossible or impractical, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
  1. Termination
a. These Terms will remain effective unless lawfully terminated in accordance with these Terms. b. If you no longer wish to use the Platform and would like to terminate your account, you may do so via the settings page on the Platform or by contacting us at: [email protected] and following such procedures as we may prescribe from time to time. Please note that once your account is terminated, it cannot be reactivated, and you will not be able to recover any content or information associated with your account. c. We may, at our sole and absolute discretion, with or without notice to you, and without providing any explanation, do any of the following, including without limitation if we have reason to believe you have breached or may breach any of these Terms: suspend or terminate your account, suspend or remove any Creator Content or Creator AI Agents, block the distribution, deployment, or compilation of any Creator AI Agents, and/or withhold any payment in connection any Creator AI Agent. If your account is terminated for any reason—whether by you or by us—these Terms will automatically terminate, and we may proceed to remove your Creator Content and suspend any associated deployments in accordance with our policies. d. Upon termination or expiry of these Terms for any reason: (i) all approvals, consents, statuses, registrations, rights, or benefits granted to you in connection with these Terms shall immediately cease; (ii) you shall promptly pay us all amounts payable or owed to us in connection with these Terms; and (iii) the rights and licences you grant to us or other parties under these Terms, and any rights or obligations under these Terms which are expressly or by implication intended to survive the termination or expiry of these Terms, including without limitation Sections 5 (Creator Content), 7 (Payments) 8 (Ownership and Licenses), 10 (Personal Data), 12 (Indemnity), 13 (Disclaimers and Exclusion of Warranties), 14 (Limitation of Liability), 15 (Termination), and 16 (Other Terms) shall survive and continue to bind you.
  1. Other Terms
a. Interpretation. In these Terms, unless the context otherwise requires: (i) all references to the exercise of any discretion or judgement by us, the making of a determination, decision, or designation by us, any requirement for our approval or consent, any consideration by us of whether anything is satisfactory or acceptable, or as to its quality, or any decision to be made on our part, will be at our sole and absolute discretion, and will be final, conclusive, and binding on you; (ii) a reference to a statutory provision shall include that provision and any regulations made in pursuance thereof as from time to time modified or re-enacted, whether before or after the date of these Terms; (iii) “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, and their respective successors, legal personal representatives and assigns, as the case may be; (iv) “written” and “in writing” shall include any means of visible reproduction, “other” and “otherwise” are not to be construed as limiting the scope of subsequent words to be of the same kind or similar to any foregoing words, and whenever the words “include”, “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation”, and “Sections” are to the sections of these Terms; (v) words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter); (vi) references in these Terms to a time of day are to Singapore time and references to the words “month” or “monthly” as well as all references to a number of months mean calendar months; and (vii) headings are for convenience only and shall not affect the construction of these terms. b. Applicable Law. These Terms, their subject matter and their formation, are governed by the laws of Singapore. c. Dispute Resolution. Any dispute arising out of or in connection with these Terms, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The arbitration language will be English. The law governing this arbitration agreement shall be Singapore law. Both parties agree, to the maximum extent permitted by law, that any claims against each other must be brought on an individual basis and not as part of a class, consolidated, or representative proceeding. d. Independent Relationship. You and we are independent parties, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. Neither party has the authority to bind the other in any such capacity or to incur any obligation on the other’s behalf. e. Class Action Waiver. To the maximum extent permitted by applicable law, you agree that any dispute between you and us shall be resolved on an individual basis. You and we waive any right to bring, join, or participate in any class action, consolidated proceeding, or representative lawsuit against the other. This waiver applies to claims brought in court, arbitration, or any other forum. f. Notices. Notices, requests, and communications from you to us in connection with these Terms must be given in writing via such means as we may specify from time to time, and will only be considered to be received by us when actually received by us. Notices, requests, and communications (including without limitation any originating process or documents relating to legal or other proceedings) from us to you shall be deemed to be received by you: (i) if delivered by hand, at the time of delivery; (ii) if sent by post or courier, immediately after posting; (iii) if transmitted to a mobile number, telephone number, email address, electronic identifier, or electronic device, immediately upon transmission by us; and (iv) if made available on or via our website or the Platform, at the time it is made available. g. Records. Our electronic records and logs of transmissions, transactions and communications made by us shall be deemed to be final, conclusive and binding evidence for any purpose whatsoever, save where there is a manifest error. h. Confidentiality. From time to time, you may receive or be privy to non-public information in connection with the Platform, including without limitation information, documents, or materials which are designated by us as confidential or which by its nature or under the circumstances surrounding disclosure ought to be treated as confidential (“Confidential Information”). You shall keep any Confidential Information disclosed or made available to you confidential, use Confidential Information solely to perform your obligations under these Terms, and shall not disclose Confidential Information to any third party, save for: (i) any disclosure by you to your officers, employees, or agents on a need-to-know basis and solely to perform your obligations in connection with these terms, provided that you procure and ensure that such persons comply with this clause as if references to you therein are references to such persons instead; (ii) any Confidential Information which is required to be disclosed pursuant to applicable law, any order of a court of competent jurisdiction, or government agency or authority, provided that you immediately inform us of the disclosure requirement in writing; (iii) any disclosure or use to which we have given prior written approval; and/or (iv) any information which becomes generally known to the public, other than by reason of any intentional or negligent act or omission by you. i. Open Source. The Platform may include certain open source software, which may be governed by the terms of the respective open source licence(s). These licence terms may impose specific obligations and restrictions regarding the use, modification, and distribution of such software. Nothing in these Terms limits your rights or obligations under any applicable open source licence. j. Upgrades and Maintenance. You acknowledge and agree: (i) we reserve the right to modify, suspend, discontinue, or update any part of the Platform (including features or functionalities) or to perform maintenance, at any time and without prior notice. (ii) if such actions are reasonably expected to materially affect your use of the Platform, we will use commercially reasonable efforts to notify you in advance and provide relevant details, such as the scheduled date and time of maintenance. You agree to comply with any instructions or requirements communicated in such notices. k. Entire Agreement. These Terms, the DPA, Creators Privacy Policy, and other agreements, terms, policies, guidelines and documents incorporated herein by reference or provided by us on the Platform constitute the entire agreement between you and us regarding your use of the Platform and supersede any prior agreements, communications or understandings between you and us on that subject. These Terms will be binding upon and will inure to the benefits of our and your successors, heirs and permitted assigns, respectively. l. Assignment. These Terms are personal to you and you may not assign or transfer these Terms. We may assign or transfer these Terms or our rights or obligations hereunder to our affiliates or in connection with a merger, acquisition or sale of all or substantially all of our assets, without your prior consent and without notice to you. m. Eligibility. You must be at least the age of majority in your jurisdiction or 18 years old, whichever is higher, to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and use of the Platform is in compliance with all applicable laws in your region. n. No Waiver. No failure or delay by us in exercising, insisting upon, or enforcing any provision of these Terms shall be construed as a waiver of any provision or right, or render us responsible for any loss or damage arising therefrom. o. Cumulative rights. Each of our rights and remedies under these terms are cumulative, without prejudice to, and in addition to, all our other rights and remedies under applicable law, in equity, or elsewhere in these terms. p. No third party rights. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 2001 (or any analogous legislation or law anywhere in the world) to enforce any part of these terms. q. Security. You acknowledge and agree that (a) we do not guarantee that the Platform will be secure, error-free, or free from bugs, viruses, or other harmful components; (b) you are responsible for taking reasonable and appropriate measures to safeguard your access to and use of the Platform, which includes configuring your information technology systems, software, and platform to ensure compatibility and security. We strongly recommend that you use up-to-date antivirus and security software to protect your systems when accessing the Platform. r. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable. s. Export and Trade Controls. You agree to comply with all applicable export control and sanctions laws and regulations in using the Platform. You represent and warrant that you will not export, re-export, or transfer (in-country) to or otherwise allow the use of the Platform, any Creator AI Agents, and the content generated by any Creator AI Agents and/or the Platform by or for: (1) persons or entities listed on, or owned or controlled by, the list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control, or any other list of persons or entities with whom dealings are restricted or prohibited by any applicable foreign jurisdiction; (2) persons or entities who are, or are or owned or controlled by persons or entities, located in or governments of sanctioned countries or territories, or (3) any prohibited end use including but not limited to (i) military end uses, (ii) rocket systems or unmanned aerial vehicles, (iii) nuclear end-uses, (iv) chemical, biological, or nuclear weapons end-uses, (v) advanced computing, and (vi) supercomputing. You agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any Creator Content, Creator AI Agent, and/or products derived from, based on, or that incorporate any Creator Content and/or Creator AI Agent, to any destination, entity, or person or for any use prohibited by the laws or regulations of Singapore or applicable foreign jurisdictions without obtaining prior authorization from the competent government authorities as required by those laws and regulations. t. Changes to these Terms. We reserve the right, in our sole discretion, to modify these Terms at any time. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through the Platform. You are encouraged to review these Terms regularly to stay informed of any updates. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of the updated Terms. Your continued access or use of the Platform after the effective date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Platform and immediately instruct us to terminate your account in accordance with these Terms.