Cre8or Platform Terms of Service

Platform Relationship with Cre8or

These Terms govern your access to and use of the Platform and the Cre8or Services.

Direct Supply Relationship with Supplier

For each Accepted Order, a direct and enforceable supply relationship is created between you and the applicable Supplier through the Platform. That direct relationship is governed by the applicable Supplier Supply Terms and the applicable Order Form, whether or not you and the Supplier execute a separate bilateral agreement or communicate directly outside the Platform.

No Automatic Assumption by Cre8or

Except to the limited extent Cre8or expressly assumes a specific obligation in a written or electronic order-specific instrument issued by Cre8or, Cre8or is not a party to the underlying supply contract between you and the applicable Supplier for the Products and/or services comprised in the Accepted Order.

Cumulative Rights

The direct contractual relationship between you and the applicable Supplier under the Supplier Supply Terms is intended to exist in addition to, and not in substitution for, any express third-party beneficiary or similar rights that may separately exist in your favor under any Supplier undertaking designated by Cre8or for the benefit of demand partners or clients.

Incorporated Policies

These Terms incorporate by reference Cre8or's Privacy Policy and any acceptable use, intellectual property, security, payment, or other policies expressly identified by Cre8or on the Platform as applicable.

Order of Precedence

In the event of inconsistency among Transaction Documents, the following order of precedence applies unless the relevant document expressly states otherwise:

1. the applicable Order Form and any express order-specific overrides;
2. the applicable Supplier Supply Terms;
3. the main body of these Terms;
4. general Platform policies.

Platform and Channel Manager Role

Cre8or operates a technology-enabled platform and coordination layer for product development, sourcing, supply chain execution, support workflows, and related commercial and operational processes. Cre8or may act as platform operator, workflow manager, channel manager, communications conduit, order administrator, complaint coordinator, and payment administrator.

No Supplier or Seller Status by Default

Unless Cre8or expressly agrees otherwise in a written or electronic order-specific instrument issued by Cre8or for a specific Accepted Order, Cre8or is not solely by virtue of these Terms or the operation of the Platform:

1. the manufacturer, formulator, filler, co-packer, or supplier of the underlying Products;
2. the seller of record of the underlying Products;
3. the importer of record, exporter of record, distributor, merchant of record, responsible person, or regulatory sponsor for the Products; or
4. the primary obligor with respect to manufacturing, formulation, product conformity, quality, packaging, delivery, defects, recalls, or other supplier-controlled matters; or
5. the holder of title to and/or owner of the underlying Products solely by reason of operating the Platform or administering payment flows.

Operational and Informational Outputs

Cre8or may provide coordination, data tools, AI-assisted tools, supplier matching outputs, scores, rankings, badges, designations, mockups, templates, brand concepts, names, logos, product images, packaging concepts, marketing materials, landing pages, workflow suggestions, pricing suggestions, profitability estimates, forecasts, summaries, and compliance-related operational support. Unless expressly agreed otherwise in writing, such outputs are provided for workflow, creative, commercial and operational assistance only, are informational in nature, and do not constitute independent legal, regulatory, scientific, toxicological, medical, financial, accounting, trademark clearance, intellectual property, or claims substantiation advice, and do not constitute a guarantee, warranty, endorsement, certification, supervision, or assurance of availability, registrability, non-infringement, supplier selection, product acceptance, commercial performance, or any Supplier, Product, output, or outcome.

Cre8or may from time to time make available alpha, beta, pilot, early access, experimental, or preview features, products, modules, or tools. Such features may be modified, limited, suspended, or discontinued at any time, may not be fully tested or supported, and may contain errors, interruptions, or incomplete functionality. Unless expressly stated otherwise in writing, such features are provided on an "as is" and "as available" basis for evaluation or limited operational use only, and Cre8or shall have no liability arising from or relating to their modification, suspension, discontinuation, or use, except to the extent such liability cannot be excluded under applicable law.

Business Use Only

The Platform is intended for business users only. You represent and warrant that you are using the Platform for business purposes and not as a consumer.

Authority

You represent and warrant that you have the legal capacity and authority to enter into these Terms. If you act on behalf of an entity, you further represent and warrant that you are authorized to bind that entity.

Account Information

You must provide accurate, complete, and current account, billing, tax, contact, shipping, and regulatory information and promptly update such information if it changes.

Account Security

You are responsible for maintaining the confidentiality of your Account credentials, API keys, and user permissions and for all activities conducted under your Account. You must promptly notify Cre8or of any actual or suspected unauthorized use or security incident.

Verification and Risk Controls

Cre8or may request additional information, documentation, onboarding materials, KYC materials, business verification, tax information, or other evidence reasonably necessary for legal, compliance, operational, payment, security, or fraud-prevention purposes.

Suspension and Refusal

Cre8or may refuse registration, suspend access, restrict features, or reject any user, account, or Order where Cre8or reasonably believes there is fraud risk, sanctions risk, illegal activity, IP risk, safety risk, payment risk, reputational risk, or other material commercial, legal, or operational risk.

Product Information and Quotes

Catalog entries, listings, suggested formulations, MOQs, indicative prices, lead times, and other commercial information presented on the Platform are informational only unless and until confirmed in an Accepted Order.

Placement of Orders

You may submit Orders or quote requests through the Platform, by connected integration, by API, or by another channel designated by Cre8or. An Order does not become binding unless and until it becomes an Accepted Order. Before acceptance, Cre8or and/or the applicable Supplier may reject, revise, place on hold, or request clarification regarding any Order.

Supplier Identification

For each Accepted Order, the applicable Supplier shall be identified in the relevant Order Form, order dashboard, checkout flow, transaction record, or other electronic record made available by Cre8or.

Changes and Cancellations

Before an Order becomes an Accepted Order, Cre8or may revise, reject, or cancel the Order for inventory, compliance, safety, IP, pricing, technical, logistical, or other reasonable business grounds. After an Order becomes an Accepted Order, changes and cancellations are governed by the applicable Supplier Supply Terms and the Order Form.

Primary Operational Channel

You agree that routine operational matters, including order status, specifications, updates, requests, complaints, credits, and support communications, shall be handled primarily through the Platform or through Cre8or as channel manager. Nothing in the foregoing limits your direct legal rights against the applicable Supplier under the Supplier Supply Terms.

Accuracy and Completeness

You are responsible for the accuracy, completeness, consistency, and lawfulness of all information, instructions, specifications, forecasts, and Client Content provided by you or on your behalf, and Cre8or and the applicable Supplier may rely on them without independent verification except as expressly agreed otherwise in writing.

Rights to Client Content

You represent and warrant that you own or have all necessary rights, permissions, approvals, licenses, and authority to use and submit all Client Content and to authorize its use by Cre8or, its affiliates, service providers, and the applicable Supplier for the relevant Accepted Order.

Claims and Marketing

You are solely responsible for all product claims, marketing statements, benefit statements, promotional language, advertising materials, and commercialization representations submitted by you, approved by you, or made by you in connection with the Products, and for ensuring that all such claims and materials are accurate, lawful, and properly substantiated where required.

Compliance with Law

You shall comply with all laws applicable to your business, your use of the Platform, your commercialization of the Products, and your role in the relevant supply chain. Unless the applicable Order Form expressly provides otherwise, you are responsible for compliance obligations allocated by law or commercial practice to the brand owner, importer, distributor, merchant, or seller of the finished Products.

Prohibited Content and Conduct

You shall not upload, submit, request, or approve any content, product, or activity that is unlawful, infringing, deceptive, obscene, hateful, unsafe, sanctioned, counterfeit, or otherwise violates applicable law or third-party rights.

Pricing

Applicable prices, charges, fees, shipping costs, regulatory surcharges, storage charges, and other amounts may vary by Supplier, category, quantity, region, timing, and service level and shall be identified in the applicable Order Form, invoice, checkout flow, or other Transaction Document.

Payment Authorization

You authorize Cre8or and/or its designated payment service providers to charge your designated payment method for all amounts due in connection with Orders, fees, taxes, chargebacks, reversals, storage, reshipments, administrative costs, and other charges properly incurred under these Terms and the applicable Transaction Documents.

Payment Flow

The applicable Order Form may designate one or more of the following payment flows:

1. payment to Cre8or as payment administrator for onward remittance or settlement;
2. direct payment to the applicable Supplier;
3. staged, milestone-based, or hybrid payment arrangements.
4. The selected payment flow is administrative only and does not change the allocation of underlying responsibilities under the applicable Supplier Supply Terms.

Effect of Payment to Cre8or

To the extent the applicable Order Form designates payment to Cre8or as payment administrator for an Accepted Order, payment by the Client to Cre8or of cleared funds for the relevant portion of the Accepted Order shall satisfy the Client's corresponding payment obligation to the applicable Supplier for that portion of the Accepted Order. If the Client has several open orders that have not yet been paid in the Cre8or system, that exceed the funds paid, and the Client has not instructed which of them to pay with this payment, Cre8or will pay the charges according to their creation date, so that the earliest order will be paid first.

Holds, Deposits, and Prepayment

Cre8or may require prepayment, milestone payments, deposits, payment reserves, fraud review, credit approval, or additional security before or after an Order is accepted.

Taxes and Duties

Unless expressly stated otherwise, you are responsible for all applicable VAT, GST, sales taxes, use taxes, customs duties, import charges, brokerage charges, withholding taxes, and similar governmental charges arising from your use of the Platform or the Accepted Order, other than taxes imposed on Cre8or's own net income. If applicable law requires you to withhold any tax from amounts payable under these Terms or the applicable Transaction Documents, you shall provide timely supporting documentation and, except to the extent prohibited by law or expressly stated otherwise in the applicable Order Form, gross up the payment so that the intended recipient receives the amount it would have received absent the withholding.

Pricing Errors

Cre8or may correct manifest pricing, shipping, catalog, or system errors and may cancel or hold an Order before it becomes an Accepted Order where an obvious error exists.

Support Channel

All routine support requests, order-related issues, defect notices, shortage notices, damage claims, refund requests, or other complaints should first be submitted through the Platform or to Cre8or support.

Channel Management Only

Cre8or may administer, coordinate, and triage complaints, returns, credits, investigation workflows, and remedy processes as channel manager, without thereby assuming the Supplier's underlying obligations in respect of the Products or services.

Supplier Responsibility Preserved

The fact that a complaint is handled operationally through Cre8or does not derogate from the direct responsibility of the applicable Supplier to the Client under the applicable Supplier Supply Terms.

Cre8or IP

Cre8or and its licensors retain all right, title, and interest in and to the Platform, Cre8or Services, software, models, algorithms, prompts, workflows, orchestration logic, taxonomies, data models, user interfaces, documentation, templates, design systems, aggregated demand signals, transaction metadata, workflow data, performance benchmarks, analytics, scores, rankings, badges, derived data, and any other underlying technology used to generate, enable, or deliver client-specific deliverables created specifically for you by Cre8or as part of the Cre8or Services, and all intellectual property rights in and to the foregoing, including all improvements and derivative works thereof, subject to your rights in your Client Content, your rights in any such client-specific deliverables to the extent expressly stated in the applicable Transaction Documents, and applicable law.

Subject to applicable law and Cre8or's Privacy Policy, Cre8or may use Platform usage data, account data, transaction data, operational data, support data, and anonymized, de-identified, or aggregated information derived from your use of the Platform, in each case in a manner that does not identify you or disclose your Client Content except in non-attributable form, to operate, administer, secure, analyze, support, and improve the Platform and related services, including supplier matching, forecasting, demand planning, service optimization, fraud or risk detection, analytics, AI-enabled tools, machine learning, and the development, training, testing, validation, and improvement of workflows, models, insights, and decision-support tools. All such workflows, models, insights, analytics, benchmarks, scores, rankings, decision-support tools, and other outputs, derivatives, and analysis results generated by or for Cre8or from such data shall be owned exclusively by Cre8or, subject always to your rights in your Client Content and applicable law. Nothing in the foregoing transfers ownership of your Client Content to Cre8or.

Client IP

As between you and Cre8or, you retain your rights in your Client Content and your pre-existing intellectual property.

Except as otherwise expressly stated in the applicable Transaction Documents, and subject to Cre8or's and its licensors' rights in the Platform, Cre8or Services, and underlying technology, any client-specific deliverables created specifically for you by Cre8or as part of the Cre8or Services (such as brand books, catalogs, product images, packaging concepts, marketing materials and similar materials created specifically for you through the Platform or the Cre8or Services) ("Client-Specific Deliverables") shall be owned or licensed as set out in the applicable Transaction Documents.

You grant Cre8or, its affiliates, relevant service providers, and the applicable Suppliers a non-exclusive, worldwide, royalty-free license to use, reproduce, display, transmit, modify for technical formatting, and otherwise process Client Content solely to operate the Platform and perform, fulfill, support, administer, document, create, and resolve the relevant Orders and related Cre8or Services.

To the extent the Platform or the Cre8or Services generate, suggest, or make available any names, logos, slogans, trade dress, domains, social media handles, or other branding assets, whether or not included in Client-Specific Deliverables, Cre8or does not represent or warrant that any such asset is available for use, registrable, protectable, enforceable, or non-infringing. You are solely responsible for conducting appropriate trademark, copyright, domain, and other intellectual property clearance searches, obtaining legal advice where appropriate, determining commercial availability, and filing, prosecuting, maintaining, and enforcing any registration or other intellectual property rights you elect to pursue. Cre8or does not undertake to register, monitor, police, enforce, or defend any intellectual property right on your behalf with respect to any such asset, except as expressly agreed in writing.

Restrictions

You may not copy, scrape, reverse engineer, decompile, disassemble, interfere with, frame, mirror, benchmark, train competing models on, or otherwise exploit the Platform or any Platform content, data, or outputs except as expressly permitted under these Terms.

Feedback

If you provide feedback, comments, suggestions, enhancement requests, recommendations, ideas, annotations, corrections, evaluations, test results, usage insights, or other input relating to the Platform, Cre8or Services, any Supplier, any Product, or any workflows, features, tools, analytics, models, or outputs made available through the Platform, whether orally, in writing, electronically, or through your use of the Platform (collectively, "Feedback"), Cre8or may use, reproduce, disclose, distribute, modify, adapt, create derivative works from, commercialize, and otherwise exploit such Feedback without restriction, attribution, approval, or compensation.

Compliance

Each party shall comply with applicable data protection and privacy laws relevant to its activities.

Data Provided by Client

If you provide personal data relating to your personnel, contractors, recipients, end customers, or other individuals through the Platform, you represent and warrant that you have all necessary rights, notices, consents, and legal bases to do so, that such disclosure and use are lawful, and that you will not provide any sensitive or special-category personal data unless expressly requested or authorized by Cre8or in writing. You remain solely responsible for such data and for any damage, claim, cost, or liability arising from your violation of this Section.

Cre8or as Controller

Cre8or generally acts as an independent controller with respect to personal data it processes for its own Platform, support, administrative, security, analytics, relationship management, fraud prevention, and compliance purposes.

Supplier Disclosure

You authorize Cre8or to disclose to the applicable Supplier, its affiliates, and relevant service providers, carriers, logistics providers, payment service providers, testing providers, compliance providers, and support providers the personal data and transaction information reasonably necessary to fulfill, ship, administer, support, investigate, or resolve the relevant Accepted Order or to operate the relevant payment or support workflow.

Term

These Terms begin when you first accept them or use the Platform and continue until terminated.

Client Termination

You may stop using the Platform at any time, but termination of your Account or cessation of use does not cancel any Accepted Order, entitle you to any refund of fees already incurred, or relieve you of any accrued or surviving obligations.

Cre8or Suspension or Termination

Cre8or may suspend, limit, or terminate your access to the Platform or any feature immediately upon notice if Cre8or reasonably believes that:

1. you have materially breached these Terms;
2. you have failed to satisfy payment, onboarding, verification, compliance, or security requirements;
3. you present fraud, sanctions, safety, security, or reputational risk; or
4. continuing to provide access would expose Cre8or, the Platform, any Supplier, or other users to material legal, regulatory, operational, or commercial risk.

Survival

Any provisions that by their nature survive termination, including payment obligations, confidentiality, intellectual property, dispute resolution, disclaimers, limitations of liability, and Accepted Orders then in force, shall survive termination.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND CRE8OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

No Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRE8OR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, IN EACH CASE AS TO THE PLATFORM AND CRE8OR SERVICES.

No Guarantee

Cre8or does not warrant that:

1. the Platform will be uninterrupted, error-free, or always available;
2. AI-assisted or automated outputs will be complete, accurate, or fit for commercial use;
3. any Product will be accepted by any regulator, marketplace, retailer, or jurisdiction;
4. any lead time or delivery estimate will be met unless expressly guaranteed in the applicable Order Form.

Third-Party Services Disclaimer

The Platform and Cre8or Services may interoperate with, enable, or depend on third-party services, including payment service providers, cloud or hosting providers, artificial intelligence providers, commerce platforms, communications providers, external APIs, data providers, and other third-party software, infrastructure, or services. All such third-party services are provided by independent third parties outside Cre8or’s control. Accordingly, to the fullest extent permitted by applicable law, Cre8or disclaims all representations, warranties, undertakings, and responsibility with respect to any such third-party services, including their availability, uptime, continuity, security, reliability, performance, functionality, compatibility, outputs, or continued support, and Cre8or shall not be liable for any outages, downtime, errors, model changes, deprecations, availability restrictions, delays, data loss, security events, or other acts or omissions of such third-party services, or for any loss, damage, cost, or claim arising out of or relating to any of the foregoing, except to the extent caused by Cre8or's separate breach of these Terms or to the extent such liability cannot be excluded under applicable law.

No Supplier Liability Assumption

For the avoidance of doubt, Cre8or shall not be liable for the Supplier's manufacturing activities, formulation activities, product defects, delivery failures, recalls, product safety incidents, or other supplier-controlled obligations, even if Cre8or administers payment, communications, complaint handling, credits, returns, or related operational workflows in connection with the Accepted Order.

Cre8or Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRE8OR'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE PLATFORM OR CRE8OR SERVICES SHALL NOT EXCEED THE LESSER OF:

1. FIVE PERCENT (5%) OF THE AGGREGATE VALUE OF THE PRODUCTS ORDERED BY YOU UNDER THE ORDERS RELEVANT TO THE MATTER GIVING RISE TO THE CLAIM, DURING THE SIX (6) MONTHS PRECEDING THE EVNET GIVING RISE TO THE CLAIM ; OR
2. USD 10,000.

Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRE8OR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THEORY OF LIABILITY.

Exceptions

Nothing in these Terms limits liability for fraud, willful misconduct, or liabilities that cannot be excluded or limited under applicable law.

Governing Law

These Terms, and any dispute between you and Cre8or relating to the Platform or Cre8or Services, shall be governed by the laws of the State of Israel, without regard to conflict of laws principles.

Jurisdiction

The competent courts in Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction over disputes between you and Cre8or arising out of or relating to these Terms or the Platform, and each party submits to that jurisdiction.

Good Faith Escalation

Before commencing formal proceedings against Cre8or in relation to the Platform, you agree to first submit the issue to Cre8or support in good faith, without limiting any right to seek urgent injunctive or equitable relief where appropriate.

Entire Agreement

These Terms, together with the documents incorporated by reference and the applicable Transaction Documents, constitute the entire agreement between you and Cre8or concerning the subject matter hereof and supersede prior discussions relating to that subject matter.

Electronic Contracting

You agree that Orders, approvals, signatures, notices, and Transaction Documents may be created, delivered, accepted, stored, and evidenced electronically through the Platform, dashboard, email, API, or other electronic means and shall have full legal effect. Electronic logs, audit trails, click-through records, order records, system records, and similar electronic evidence maintained by or for Cre8or shall be admissible as evidence of the matters they record, subject to applicable law.

Assignment

You may not assign these Terms without Cre8or's prior written consent. Cre8or may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure

Cre8or shall not be liable for delay or failure caused by events beyond its reasonable control, including cyber incidents, internet failures, labor disruptions, carrier disruptions, supply shortages, acts of government, war events, military operations, epidemic or contagious events, customs delays, or other force majeure events. Nothing in the foregoing requires Cre8or to continue operating any portion of the Platform or Cre8or Services where doing so would expose Cre8or, the Platform, any Supplier, or any user to material legal, regulatory, security, or operational risk.

Severability

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver shall be effective unless in writing. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

Notices

Notices may be given through the Platform, by email, or by other contact details designated by the parties. You consent to receive electronic communications from Cre8or.

Publicity

You may not use Cre8or's name, logo, or marks without prior written consent. Cre8or may identify you as a client only with your prior written consent, except for internal business records and where required by law.

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A1. Formation and Parties

A2. Supplier Responsibilities

Unless expressly reallocated in the applicable Order Form, the Supplier is directly and independently responsible to the Client within the Supplier's scope for:

1. manufacturing, formulation, filling, co-packing, packaging, assembly, labeling application, testing, logistics, fulfillment, compliance work, or other services it has undertaken to provide;
2. conformity to the specifications, approved samples where applicable, and the Order Form;
3. product quality, workmanship, materials, and supplier-controlled defects;
4. compliance with laws and regulatory requirements applicable to the Supplier's facilities, processes, operations, goods, and services;
5. truthful and substantiated supplier-provided compositions, specifications, certifications, service capabilities, and lead times;
6. supplier-controlled recalls, withdrawals, corrective actions, or safety remediation.

A3. Client Responsibilities

Unless expressly reallocated in the applicable Order Form, the Client is directly and independently responsible to the Supplier for:

1. the accuracy, completeness, and lawfulness of Client Content and specifications;
2. all product names, claims, warnings, marketing language, promotional materials, and commercialization statements supplied or approved by the Client;
3. securing all rights, licenses, permissions, and clearances necessary for the Client Content and the Client's intended commercialization of the Products;
4. compliance obligations allocated by law or commercial practice to the brand owner, importer, distributor, merchant, or seller of the finished Products;
5. timely approvals, confirmations, documentation, and instructions necessary for fulfillment of the Accepted Order.

A4. Changes and Cancellation

A5. Price and Payment as Between Client and Supplier

A6. Shipping, Delivery, Risk of Loss, and Title

A7. Inspection and Notice of Issues

A8. Non-Conforming Products and Remedies

A9. Product Safety, Regulatory Issues, and Recalls

A10. Intellectual Property Between Client and Supplier

A11. Governing Law and Disputes Between Client and Supplier

Unless the applicable Order Form expressly provides otherwise, the direct supply relationship between the Client and the applicable Supplier arising from the Accepted Order shall be governed by the laws of the State of Israel, without regard to conflict of laws principles, and the competent courts in Tel Aviv-Jaffa, Israel shall have jurisdiction.