Terms of Use

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the services provided by Creativate Technologies GmbH ("Creativate," "we," "us," or "our"), including but not limited to cNode, AI Playbook, Creativate AI Studio, and any other platforms, applications, websites, or features made available by us (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, you must immediately discontinue your use of the Services.

These Terms form a legally binding agreement between you and Creativate. If you are using the Services on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Your use of the Services is also subject to our Privacy Policy, Cookie Policy, AI Transparency Notice, and Data Processing Agreement, which explain how we collect, process, and protect personal data in compliance with applicable laws, including the GDPR and the EU AI Act.

2. Definitions

• "Account" — The user account created to access and use the Services.
• "Administered Account" — An Account associated with an organization that may exercise certain administrative rights.
• "AI Outputs" — Any text, analysis, recommendations, or other results generated by the AI functionalities of the Services.
• "Business Content" — Any business plans, strategic documents, data, financial projections, or other business-related information uploaded, generated, or shared through the Services.
• "Confidential Information" — Non-public information disclosed or created within the Services, including Business Content.
• "Creativate Content" — All materials, tools, software, AI models, algorithms, templates, designs, documentation, and other intellectual property made available by Creativate.
• "Enterprise Plan" — A subscription tier with advanced functionalities and service-level commitments.
• "Privacy Policy" — The Creativate Privacy Policy, as updated from time to time.
• "Services" — The products, platforms, applications, features, and related services provided by Creativate, including cNode, AI Playbook, and Creativate AI Studio.
• "Third-Party Services" — External platforms, tools, APIs, or service providers integrated with the Services, including but not limited to Anthropic, OpenAI, Google AI, HuggingFace, HubSpot, and AWS.
• "Tokenized Participation Rights" — Digital rights offered as part of certain subscription plans for specific participation or usage benefits within the Services.
• "User Content" — Any content, data, or material provided, uploaded, or otherwise made available by you through the Services.
• "You" or "User" — Any individual or legal entity accessing or using the Services.

3. Company Information

The Services are provided by:

Creativate Technologies GmbH
Lahnstraße 65, 60326 Frankfurt am Main, Germany
Email: contact@creativate.tech

Represented by its Managing Director, Leonardo Bornhäußer.

4. Scope of Services

Creativate provides digital business solutions designed to simplify and accelerate the journey from idea to market:

• cNode: An AI-powered collaborative platform that enables decentralized participation, business planning, strategic coordination, and digital interaction within business ecosystems.
• AI Playbook: An AI knowledge hub offering consulting sessions, educational resources, and practical AI guidance for businesses.
• Creativate AI Studio: A bespoke AI consultancy practice providing strategy, machine learning engineering, compliance advisory, and workshop-based engagements.

Limitations: The Services are designed to assist users in planning, strategy, and execution, but do not constitute legal, financial, investment, or professional advice. AI Outputs should be reviewed and validated by the User before reliance. Creativate does not guarantee that use of the Services will secure funding or achieve any specific business outcome.

5. User Eligibility and Representations

You may use the Services only if you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and comply with all applicable laws. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity.

You represent that information you provide is accurate, current, and complete; your use does not violate any applicable laws or third-party rights; and you are not located in a sanctioned jurisdiction or listed on any restricted party list.

6. Account Registration and Security

To access certain features, you must create an Account with accurate information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. Creativate reserves the right to suspend or terminate Accounts for inaccuracy, breach, or security concerns.

7. Administered Accounts and Teams

If you use an Account provided by an organization ("Admin Entity"), that entity may manage credentials, access Business Content, and suspend or transfer the Account. Team features allow collaboration with shared content visible to members based on permissions set by the administrator.

8. Purchases, Billing, and Tokenized Participation Rights

Certain Services are provided on a paid subscription basis. By purchasing a subscription, you authorize recurring charges. Unless required by applicable consumer law, fees already paid are non-refundable. Certain plans may grant Tokenized Participation Rights, which are not securities, equity, or financial instruments and are limited to use within the Services.

Pricing, tiers, and billing terms vary by product. Current pricing for each product is available on the respective product's pricing page. Subscription-based products (such as cNode) are billed on a recurring basis. Consulting and time-based services (such as AI Playbook sessions) are billed per session or engagement. Custom enterprise engagements (such as Creativate AI Studio projects) are quoted individually. All prices are subject to change; users will be notified of material pricing changes at least 30 days in advance.

9. Use of Tokens and Digital Assets

Tokens are non-transferable, non-assignable, and limited to use within the Creativate ecosystem. They may grant access to specific features, governance mechanisms, or enhanced rights within the Services. Creativate may set expiration dates, revoke tokens for misuse, or modify token functionalities.

10. Trial, Beta, and Free Plans

Creativate may offer free trials, beta features, or free plans. Beta features are provided "as is" without warranties. Free trials convert to paid plans unless cancelled. Creativate may modify or discontinue these offerings at any time.

11. Enterprise Plans and SLAs

Enterprise Plans include advanced features, enhanced support, and governance capabilities. Unless otherwise agreed, Creativate targets 99% monthly availability excluding scheduled maintenance, emergency maintenance, and third-party outages. Enterprise subscribers may be eligible for service credits as the sole remedy for SLA breaches.

12. Cancellation and Termination

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle. Creativate may terminate for cause (breach, fraud, non-payment) with immediate effect, or for convenience with 30 days' notice and a pro-rata refund. Upon termination, access ceases, tokens expire, and outstanding fees become due.

13. Intellectual Property

All rights in the Services and Creativate Content remain with Creativate. You receive a limited, non-exclusive, non-transferable license to use the Services. You retain all rights to your User Content, granting Creativate a license to host, process, and use it solely for providing the Services.

14. User-Generated Content and Confidentiality of Business Plans

You retain full ownership of your Business Content. Creativate treats it as confidential, implements security measures, and limits access to authorized personnel. Creativate may use de-identified and aggregated data for analytics and service improvement.

15. Sharing Features and Collaboration Tools

Sharing features allow controlled collaboration. You remain responsible for the content you share and the permissions you set. Creativate is not responsible for how others use content you have shared with them.

16. Community Guidelines and Reviews

You agree to use the Services in a professional, respectful, and lawful manner. Content must be accurate, not offensive or discriminatory, and must not infringe third-party rights. Creativate may moderate or remove content that violates these guidelines.

17. Contribution License and User Feedback

By submitting feedback or suggestions, you grant Creativate a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, and incorporate such contributions into its Services.

18. Prohibited Uses

You must not use the Services for illegal activities, intellectual property violations, security attacks, unauthorized commercial use, automated scraping, or misuse of tokens. Creativate may cooperate with law enforcement and prosecute violations.

19. Ethical Use of Services

Creativate is committed to fair, inclusive, and responsible use. You must not use the Services to generate discriminatory content or deploy AI outputs that reinforce harmful biases. AI Outputs are designed to support, not replace, human decision-making. Users must ensure appropriate human oversight.

20. AI-Specific Provisions

AI Outputs are provided for assistive purposes only and do not constitute professional advice. Creativate classifies its AI systems in accordance with the EU AI Act. Users qualify as Deployers and must use AI Outputs in accordance with applicable law, ensure human oversight, and report incidents. Creativate may use de-identified data to improve AI models.

21. AI Outputs and User Responsibility

AI Outputs may contain inaccuracies and must be critically reviewed. You are solely responsible for verifying accuracy and suitability. You must not rely exclusively on AI Outputs in high-risk contexts without human oversight. Creativate maintains logs for compliance, transparency, and contestability.

22. Privacy and Data Protection

Your use of the Services is governed by our Privacy Policy. For most activities, Creativate acts as Data Controller. In certain cases (enterprise customers processing third-party data), Creativate may act as Data Processor under a separate DPA. International data transfers use Standard Contractual Clauses.

23. Third-Party Services and Integrations

The Services integrate with third-party providers including Anthropic (Claude), OpenAI (GPT), Google AI (Gemini), HuggingFace, HubSpot, and AWS. These are provided under their own terms. Creativate is not responsible for third-party availability, accuracy, or practices. Creativate may modify or discontinue integrations at any time.

24. Open Source and Third-Party Licenses

The Services may include open source components subject to their respective license terms. A list of relevant licenses may be provided within the Services or upon request.

25. Data Retention and Export of Business Content

Creativate retains Business Content while your subscription is active. After termination, a 30-day grace period allows export. After this period, content may be permanently deleted. Enterprise Plans may include additional retention commitments.

26. Service Level and Support

All Users have access to standard support (knowledge base, email/ticket support). Enterprise subscribers may benefit from priority support and dedicated channels. Creativate is not responsible for issues from misuse, unsupported third-party systems, or third-party outages.

27. Service Availability and Modifications

The Services are provided "as is" and "as available." Creativate may perform scheduled or emergency maintenance, modify or discontinue features, and provide updates. Material changes affecting core functionality will be communicated with 30 days' advance notice.

28. Corrections and Updates

Creativate may correct errors in the Services, documentation, or pricing. The Services may receive automatic updates. Creativate does not warrant backward compatibility.

29. Advertisers and Sponsored Content

Creativate may display clearly identified sponsored content. This does not constitute endorsement. Creativate does not sell personal data to advertisers.

30. Disclaimers and Limitation of Liability

The Services are provided "as is" without warranties. Creativate's total liability shall not exceed the amount paid by you in the 12 months preceding the claim (or €100 for Free Plan users). Nothing excludes liability for death, personal injury, fraud, or intentional misconduct.

31. Indemnification

You agree to defend, indemnify, and hold harmless Creativate from claims arising from your use of the Services, your content, your breach of these Terms, or your misuse of tokens.

32. CSR and ESG Commitments

Creativate is committed to sustainability, social responsibility, and good governance. We select providers with strong sustainability credentials and promote responsible use of digital resources.

33. Compliance with Applicable Laws

You agree to use the Services in compliance with all applicable laws including GDPR, the EU AI Act, DSA, DMA, and financial, tax, intellectual property, and employment laws.

34. Export Control and Sanctions Compliance

The Services may be subject to export control and sanctions laws of the EU, Germany, and the US. You represent that you will not use the Services in violation of these laws.

35. Copyright Infringement Procedure

Creativate respects intellectual property rights. Copyright infringement claims may be submitted to contact@creativate.tech with required identification of the work, the infringing material, and your contact details. Counter-notifications are also supported.

36. Changes to the Terms

Creativate may amend these Terms. Material changes will be communicated with at least 30 days' advance notice. Continued use after the effective date constitutes acceptance. If you disagree, you may cancel your subscription.

37. Force Majeure

Creativate is not liable for failure to perform due to events beyond its reasonable control (natural disasters, pandemics, cyberattacks, governmental actions, third-party infrastructure failures).

38. Survival of Clauses

Provisions on intellectual property, confidentiality, data protection, limitation of liability, indemnification, and dispute resolution survive termination.

39. Notices and Communication

All notices under these Terms shall be in writing, via email, in-service notification, or postal mail. Notices to Creativate: contact@creativate.tech or Lahnstraße 65, 60326 Frankfurt am Main, Germany.

40. Language and Versions

These Terms are drafted in English. In the event of inconsistency between translations, the English version prevails, except where mandatory local law requires otherwise.

41. Governing Law and Dispute Resolution

These Terms are governed by the laws of Germany. The courts of Frankfurt am Main, Germany have exclusive jurisdiction, unless mandatory consumer protection law provides otherwise. EU consumers may use the European ODR platform at https://ec.europa.eu/consumers/odr/.

42. Miscellaneous

These Terms, together with the Privacy Policy, Cookie Policy, AI Transparency Notice, and DPA, constitute the entire agreement. If any provision is held invalid, the remaining provisions continue in full force. Creativate's failure to enforce a right does not constitute a waiver.

43. Contact Information

Creativate Technologies GmbH
Lahnstraße 65, 60326 Frankfurt am Main, Germany
Email: contact@creativate.tech
Legal inquiries: legal@creativate.tech
Privacy/DPO: privacy@creativate.tech

Effective Date: August 2025
Last Updated: February 2026
Creativate Technologies GmbH