CREATE WITH ME - TERMS OF SERVICE

Thank you for choosing CreateWithMe ("CreateWithMe," "CWM," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website at https://createwithme.ai, along with related websites, hosted services, and other offerings (collectively, the "Service").

By using the Service, you enter into a legally binding agreement with Extraordinal Software Inc. (the "Company"). Please read these Terms carefully before using the Service.

By downloading, installing, or otherwise accessing or using the Service, you confirm that you have read, understood, and agreed to these Terms. If you disagree, do not use the Service. Your continued use of the Service and the Company’s provision of the Service under these Terms signifies your acceptance.

1. SERVICE OVERVIEW

CWM is a collaborative platform where users can co-create, generate, and submit digital Assets. These Assets may be used to create NFTs, inscriptions, or similar digital products.

CWM offers tools for AI-assisted image generation, creative collaboration with other artists and individuals, and collection management. Users can participate as:

• Initiators: Users who start a collection, set guidelines, define revenue-sharing rules, content-specific terms, and digital rights and restrictions.
• Co-Creators: Users who submit Assets for inclusion in an Initiator’s collection.

Users must ensure that submitted Assets comply with intellectual property laws and CWM’s Content Guidelines (Section 6).

2. ELIGIBILITY & ACCOUNT REGISTRATION

To use CWM, you must:

• ✔ Be at least 18 (or 16 with parental consent).
• ✔ Not have been previously suspended or removed from the Service.
• ✔ Comply with applicable laws and regulations.
• ✔ If acting on behalf of an entity, have the agency authority to bind that entity.

Account Registration

To access full features, you must create an account. You can register using Google as an Open Authentication provider. You agree to:

• ✔ Provide accurate, up-to-date information.
• ✔ Keep your account credentials secure.
• ✔ Notify us immediately if you suspect unauthorized access.

3. PAYMENTS

Certain features of the Service may require you to pay fees. Before you pay, you can review what you are paying for and how much.

Current prices are reflected here.

Generally, all fees charged by the service are in US dollars and are non-refundable, except as required by law or listed below.

Pass System

CWM offers for sale two types of passes:

• Pass to Generate: Allows users to generate Assets using CWM’s AI model. Sold in bundles.
• Pass to Submit: Allows users to submit Assets to an Initiator’s collection. Does not guarantee acceptance but ensures consideration.

Passes may be available for purchase or granted as free promotional credits. Promotional credits are personalized. If they are not given to you, they don’t apply to you.

Refund Policy

Refunds may be granted for:

• ✔ Technical issues in the Service preventing platform use.
• ✔ Failure to receive services and products you paid for due to technical issues.
• ✔ If the assets you generated are seriously flawed beyond what could be reasonably attributed to user error, and such flawed assets are generated with a frequency higher than the one stated as acceptable for a particular generative model.

Refunds will not be issued for:

• ✖ Content guideline violations leading to suspension.
• ✖ Dissatisfaction with AI-generated Assets.
• ✖ If you changed your mind.

4. USER CONTENT, INTELLECTUAL PROPERTY & LICENSING

Ownership of Artwork

Users own the intellectual property (IP) of the Assets they create.

CWM does not claim ownership but retains a limited, non-exclusive license to display submitted content for platform functionality and promotional purposes.

Licenses

• ✔ CWM License to Users: CWM grants users a limited, revocable, non-exclusive license to use the Service for personal or commercial purposes.
• ✔ User License to CWM: By submitting Assets, users grant CWM a non-exclusive, worldwide, royalty-free license to:
  • Display and promote content within the platform.
  • Feature content in promotional materials.

CWM makes no guarantees that AI-generated works can be trademarked or copyrighted under current laws.

5. PROHIBITED CONDUCT & CONTENT GUIDELINES

Users must not:

• 🚫 Submit hateful, violent, sexually explicit, or illegal content.
• 🚫 Infringe intellectual property (e.g., copyrighted materials without permission).
• 🚫 Submit or create any deepfake images, likenesses, or creative elements.
• 🚫 Engage in fraud, spam, harassment, or manipulation of engagement metrics.
• 🚫 Use the Service for unlawful purposes or circumvent security measures.

CWM reserves the right to remove content or suspend accounts for violations.

6. DISPUTE RESOLUTION & ARBITRATION

• ✔ All disputes must be resolved via binding arbitration under the Federal Arbitration Act (except small claims).
• ✔ Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

No Class Actions

• ✔ You waive the right to participate in a class action.

Opt-Out Option

• ✔ Users may opt out of arbitration within 30 days by emailing [email protected].

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• ✔ CWM’s liability is capped at the amount the user pays for the particular service in question.
• ✔ CWM is not liable for indirect damages, lost profits, or third-party claims.
• ✔ CWM is not responsible for disputes related to making Assets into NFTs or NIL commercialization.

8. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Delaware courts have exclusive jurisdiction for disputes not subject to arbitration.

Users outside Delaware must comply with local laws when using CWM’s services.

9. MISCELLANEOUS

Modifications to Terms

• ✔ CWM may update these Terms at any time. Continued use after changes constitutes acceptance.

Termination & Suspension

• ✔ CWM may suspend or terminate accounts for violations.
• ✔ Terminated users lose access to all content and services.

Contact Us

For questions or concerns, contact us at: [email protected]

Using CreateWithMe, you acknowledge that you have read, understood, and agreed to these Terms of Service.