CREATORCHAT - TERMS OF SERVICE

1. WHO WE ARE AND WHAT THESE TERMS COVER

1.1 CreatorChat is an AI-powered conversational commerce layer operated by Busy Bots Ltd, a company registered in England and Wales under company number 15299023, whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“CreatorChat”, “we”, “us”, “our”). “CreatorChat” also includes our affiliates, and our and their respective officers, directors, employees, agents, licensors, and successors and assigns, each of whom may rely on the protections in these Terms.

1.2 The CreatorChat experience (the “Service”) is embedded inside the websites and digital properties of our publishing partners (each a “Publisher”). When you interact with the chat experience on a Publisher’s pages, you are using the Service, and these Terms of Service (“Terms”) apply to that use, together with the Publisher’s own terms and privacy policy.

1.3 Relationship with the Publisher. The Publisher controls where the Service appears, its voice, and its content scope. Your underlying relationship and account (if any) are with the Publisher. CreatorChat provides the technology layer. Where these Terms and a Publisher’s terms conflict in respect of your account or the Publisher’s editorial content, the Publisher’s terms govern that subject matter; these Terms govern your use of the CreatorChat Service itself.

1.4 By accessing or using the Service, or by otherwise indicating your acceptance, you agree to be bound by these Terms and you represent that you have the legal capacity and authority to do so. If you do not agree, do not access or use the Service.

2. ELIGIBILITY

2.1 You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. The Service is not directed at children.

2.2 By using the Service you represent and warrant that you meet these eligibility requirements, that all information you provide is accurate, and that your use complies with all laws that apply to you. We may refuse, restrict, suspend, or terminate access to anyone at any time where we reasonably believe these requirements are not met.

3. THE SERVICE

3.1 The Service lets you ask natural-language questions and receive responses grounded in the Publisher’s published editorial content. Where relevant, the Service may surface contextual product links, including affiliate links.

3.2 Affiliate links. Some links are affiliate links. If you click them and make a purchase, CreatorChat and/or the Publisher may earn a commission at no additional cost to you. Affiliate relationships are disclosed in the chat in line with UK Advertising Standards Authority / CAP Code guidance and the US FTC endorsement guidelines.

3.3 No professional advice. Responses are for general information and shopping assistance only and are not professional, medical, financial, or legal advice.

3.4 Availability. We may change, modify, suspend, or discontinue all or any part of the Service at any time, with or without notice, and we will not be liable to you or any third party for doing so. Parts of the Service may be offered on a beta, trial, or evolving basis and may change or be withdrawn.

3.5 Third-party products, merchants, and content. The Service may reference or link to products, merchants, websites, and Publisher editorial content that we do not own or control. We are not a party to, and are not responsible for, any transaction between you and a merchant or Publisher, or for the accuracy, quality, legality, or safety of any third-party product, service, or content. Your dealings with third parties are solely between you and them.

4. YOUR USE OF THE SERVICE

4.1 You agree to use the Service lawfully and not to: misuse, probe, or disrupt the Service; attempt to access, extract, reverse engineer, decompile, or discover the underlying models, prompts, weights, source code, or data, or the ideas or algorithms in them; use the Service or its outputs to build, train, or improve any competing or similar product, model, or dataset; scrape, harvest, or systematically collect content or outputs, or use the Service for benchmarking or competitive analysis; resell, sublicense, or commercially exploit the Service without our written consent; circumvent or interfere with any security, rate-limiting, or access control; submit unlawful, infringing, or harmful content, or content that infringes or misappropriates any third party’s rights; or use automated means to access the Service except as expressly permitted.

4.2 You are responsible for the content of the questions and information you submit (“User Inputs”). Please do not submit information that identifies you or any other individual; the Service is not intended to receive it.

4.3 Monitoring. We have no obligation to monitor User Inputs, but we may review, remove, or restrict any content or access, investigate suspected violations, and cooperate with law-enforcement or regulatory authorities, at our discretion and without liability to you.

5. INTELLECTUAL PROPERTY

5.1 The Service, including its software, models, interfaces, and all associated intellectual property, is owned by CreatorChat or its licensors. Publisher editorial content remains owned by the Publisher. Nothing in these Terms transfers ownership of either to you. All rights not expressly granted to you are reserved by CreatorChat and its licensors.

5.2 Licence to your User Inputs. You grant CreatorChat a worldwide, non-exclusive, royalty-free, perpetual, irrevocable (to the fullest extent permitted by law), sublicensable, and transferable licence to host, store, reproduce, modify, create derivative works from, process, and use your User Inputs, including to operate, develop, and improve the Service and our and our affiliates’ products, services, and machine-learning models. This licence survives termination to the extent necessary for the purposes described in Section 6. To the extent permitted by law, you waive any moral rights in your User Inputs.

5.3 Feedback. If you send us feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit them for any purpose without restriction, attribution, or compensation, and with no obligation of confidentiality.

6. DATA, ANALYTICS, AND DERIVED INSIGHTS

6.1 Usage data. When you use the Service, we and our service providers collect information about how the Service is used - for example, the questions asked, the responses shown, and the links and products engaged with, together with technical signals such as device type, browser, and session activity (“Usage Data”). Usage Data is collected and stored in de-identified form, using de-identification methods we determine, and is not associated by us with an identifiable individual. The Service is designed to operate without collecting personal data.

6.2 Analytics and internal training and improvement. We use Usage Data to operate, secure, measure, analyse, personalise, and improve the Service, to develop new features, and for the training, development, and improvement of our and our affiliates’ current and future products and services.

6.3 Aggregated and de-identified data. We create aggregated, anonymised, and de-identified datasets and statistical, demographic, and behavioural insights derived from Usage Data (“Aggregated Data”). Aggregated Data does not identify you. As between you and CreatorChat, CreatorChat owns all Aggregated Data and all reports, models, benchmarks, and insights derived from it, and may retain and use them for its own business purposes indefinitely.

6.4 Ownership of derived materials. As between you and CreatorChat, CreatorChat owns all analytics, models, derived data, and insights it creates from Usage Data.

6.5 We share Usage Data with underlying service providers acting on our behalf and under contract, or where required by law.

6.6 Alignment with the Publisher. CreatorChat does not disclose user data to third parties for their own independent use, and confines its data use to the de-identified and aggregated categories described above.

7. DATA NOTICE

7.1 Further detail on how the Service handles data is set out in our Privacy Policy / Data Notice available on our website www.creatorchat.live, which forms part of these Terms. If, in operation, the Service is found to receive any information that identifies an individual, we will handle it in accordance with applicable data protection law, including the UK GDPR and the Data Protection Act 2018 and, in the United States, the CCPA as amended by the CPRA and comparable state laws, and the Data Notice will set out the corresponding rights and choices.

8. DISCLAIMERS

8.1 The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we, our affiliates, licensors, and the Publishers disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, or error-free. AI-generated responses may be incomplete or inaccurate; they do not constitute advice or an endorsement, you rely on them at your own risk, and you should verify anything you rely on.

8.2 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including, in the UK, liability for death or personal injury caused by negligence or for fraud, and your non-excludable rights under the Consumer Rights Act 2015.

9. LIMITATION OF LIABILITY

9.1 Subject to Section 8.2, to the fullest extent permitted by law, CreatorChat and the parties described in Section 1.1 will not be liable for any damages sustained through usage of the chat, including indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability and even if advised of the possibility of such damages, and even if a remedy fails of its essential purpose.

9.2 Aggregate cap. Subject to Section 8.2, and to the fullest extent permitted by law, the total aggregate liability of CreatorChat and the parties described in Section 1.1 arising out of or related to the Service and these Terms will not exceed the greater of (a) the total amounts (if any) you paid to us for the Service in the twelve (12) months before the event giving rise to the liability, or (b) one hundred pounds sterling (£100) / one hundred US dollars (US$100). The parties acknowledge that the fees (or absence of fees) reflect this allocation of risk, which forms an essential basis of the bargain between us.

10. INDEMNITY

10.1 To the extent permitted by law, you agree to defend, indemnify, and hold harmless CreatorChat and the parties described in Section 1.1 against all losses, liabilities, damages, and reasonable legal and other costs and expenses arising from any third-party claim relating to your breach of these Terms or your misuse of the Service. We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you will cooperate with us; you will not settle any such matter without our prior written consent. This Section does not apply to consumers acting outside their trade, business, or profession to the extent prohibited by applicable consumer law.

11. TERMINATION

11.1 We may suspend or end your access to the Service at any time, with or without cause and with or without notice, if you breach these Terms or if we discontinue the Service, and we will not be liable to you for doing so. You may stop using the Service at any time. Sections that by their nature should survive (including 2, 3.5, 4.2, 5, 6, 7, 8, 9, 10, 12, and 13) survive termination.

12. GOVERNING LAW AND DISPUTES

12.1 Consumers in the United Kingdom. These Terms are governed by the laws of England and Wales (or, if you live in Scotland or Northern Ireland, the laws of that nation), and you may bring proceedings in the courts of your home nation. Nothing affects your mandatory statutory rights.

12.2 Users outside the United Kingdom (including the United States). CreatorChat is established in the United Kingdom and has no establishment in the United States. These Terms, and any dispute arising out of them, are governed by the laws of England and Wales, and the courts of England and Wales have jurisdiction - except that (a) nothing in these Terms deprives you of the protection of any mandatory consumer-protection or data-protection laws of your country or state of residence that cannot be excluded by agreement, and (b) if you reside in a US state, you retain any non-waivable right under that state’s law to bring a claim in, or have it governed by the law of, your home jurisdiction. Where local mandatory law conflicts with this Section, that local law prevails to the extent of the conflict.

12.3 US residents - informal resolution and class-action waiver. If you reside in the United States, then to the fullest extent permitted by law and subject to any non-waivable rights: (a) before filing any claim, you agree to first contact us at hello@creatorchat.live and attempt to resolve the dispute informally for at least 30 days; and (b) any claims will be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, and you and we each waive any right to a jury trial.

12.4 Changes. We may update these Terms. We will post the current version with an updated date and, where changes are material, provide notice as required by law. Continued use after changes take effect constitutes acceptance.

13. GENERAL

13.1 Assignment. We may assign or transfer these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition, financing, or sale of assets, without your consent. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void.

13.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary or, if it cannot be, severed, and the remaining provisions will continue in full force and effect.

13.3 No waiver. Our failure to enforce any provision is not a waiver of it, and any waiver must be in writing to be effective.

13.4 Entire agreement. These Terms, together with the Privacy Policy / Data Notice and any terms expressly incorporated, are the entire agreement between you and us regarding the Service and supersede any prior understandings on that subject.

13.5 Third-party rights. Except that our affiliates and the Publishers may rely on and enforce the disclaimers, limitations, and protections in these Terms, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

13.6 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of networks, hosting, AI, or third-party services.

13.7 Notices and headings. We may give notices via the Service or the Publisher’s pages; you may contact us using the details below. Headings are for convenience only and do not affect interpretation.

14. CONTACT

CreatorChat

Busy Bots Ltd, company number 15299023

71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

hello@creatorchat.live

UK users may also contact the Information Commissioner’s Office (ico.org.uk).