Date of publication of the current edition: October 5, 2023
This user agreement (hereinafter referred to as the agreement) is a public offer of Creatium Pte. Ltd. (hereinafter referred to as the licensor).
The agreement is addressed to any individual, individual entrepreneur, and legal entity (hereinafter referred to as the licensee) under the terms set forth in it.
Administrative Panel
Interface for system management.
Account
The user's record on Crebase.
Acceptance
Complete and unconditional acceptance of the agreement's terms by the licensee.
Container
Server for project deployment.
Content
Information and objects placed by the licensee in the system, including intellectual property results.
Crebase
A site owned by the licensor, crebase.com, including subdomains.
License
A simple (non-exclusive) license to use the system.
Personal Account
A personal section for the licensee on Crebase, through which account management is conducted, containing licensee data, information on the chosen tariff, and other information.
Messenger
Telegram messenger.
Options
Functional capabilities of the system.
Project
A computer program or website, created using the system.
Registration
Account registration.
System
The computer program "Crebase", intended for independent creation and administration of computer programs and websites.
Means of Communication
Chat in the personal account, email, or messenger.
Tariff
A system of payment rates according to the agreement.
Device
A personal computer, laptop, tablet, smartphone, or any other electronic computing device.
Electronic Document
An electronic version of a document.
2.1. The Licensee must familiarize themselves with the agreement and other documents referred to in the agreement before acceptance.
2.2. The agreement applies not only to the system but also to all its updates and other modifications made by the Licensor.
3.1. The current edition of the agreement is located at: https://crebase.com/terms
3.2. The Licensor has the right to change the agreement at any time. By continuing to use Crebase or the system, the Licensee automatically agrees to the terms of the new edition of the agreement.
3.3. Supplements to the agreement, which are part of it (hereinafter referred to as supplements), include:
3.3.1. Tariffs;
3.3.2. Moderation Rules;
3.3.3. Conditions of the Affiliate Program.
3.4. Terms used in the supplements are interpreted in accordance with the definitions set by the agreement, unless otherwise defined by the supplements.
4.1. The Licensor grants the Licensee a license and provides ancillary services, and the Licensee pays the Licensor remuneration in accordance with the tariff chosen by the Licensee.
4.2. Current tariffs are posted at: https://crebase.com/price
4.3. The Licensor has the right to engage third parties to provide services under the agreement without the consent of the Licensee.
5.1. The Licensee is considered to have accepted the agreement at the moment of carrying out any of the following actions:
5.1.2. Payment of remuneration according to the chosen tariff.
5.2. By accepting, the Licensee consents to the processing of their personal data in accordance with the privacy policy.
5.3. A legally limited-capacity individual guarantees the Licensor the written consent of their legal representative to conduct such transactions and the processing of personal data by registering.
5.4. The agreement is effective until the account is deleted.
6.1. To register, the Licensee completes a web form on Crebase, indicating their email address, which will serve as the login, and a chosen password.
6.2. The Licensor has the right to set requirements for permissible logins and passwords.
6.3. After registration, the Licensee gains access to the personal account area.
7.1. The Licensor provides the Licensee with access to the system within 5 working days from the date of payment by the Licensee, except as provided by the agreement.
7.2. The Licensor provides the system and personal account on an "as is" basis.
7.3. The Licensor does not guarantee that the system's functionality may or may not be suitable for the Licensee for specific purposes of use.
7.4. The Licensor does not guarantee the stable operation of the system and does not promise any specific results from its use.
7.5. The Licensor does not process the personal data of the project's users.
7.6. The Licensee guarantees the legality of processing the personal data of the project's users.
7.7. The Licensee accesses:
7.7.1. Their personal account using the login and password specified during registration;
7.7.2. The administrative panel using the login and password provided by the Licensor.
7.8. Any actions taken using the personal account, administrative panel, or the Licensee's registration data are considered to have been taken by the Licensee.
7.9. The Licensee is obliged to keep their logins and passwords confidential.
7.10. The Licensee ensures the protection of information about their logins and passwords. The Licensee may use any technical means of storing logins and passwords, including cookie files, which allow for subsequent automatic authorization.
7.11. If authorization is not possible due to a lost password, the Licensee is entitled to independently restore the password, following the instructions on Crebase, or contact support. The Licensor is entitled to change the password recovery methods unilaterally.
7.12. The Licensee must independently carry out all necessary actions aimed at preventing access to their personal account and administrative panel by third parties.
8.1. The Licensee is entitled to use the system within the limits of its functional capabilities available to the Licensee in accordance with the tariff chosen by them.
8.2. The use of the system in a way not expressly provided for by the agreement is not allowed.
8.3. The use of the system is possible exclusively on the condition that it is placed in a container, except when the license chosen by the Licensee provides the right to host the system on their own server (Self-Hosted).
8.4. The Licensee shall not:
8.4.1. Enter into sublicense agreements for the use of the system;
8.4.2. Change the system's source code;
8.4.3. Reproduce the system, including using one instance of the system on more than one container.
8.5. The term of access to additional options and services may not exceed the term of access to the system.
8.6. The Licensee is obliged not to take measures to circumvent restrictions on the use of the system.
8.7. The absence in the agreement of a prohibition on the use of the system in any way does not constitute consent (permission) for such use.
9.1. The Licensor is entitled to provide the Licensee with a trial license for 1 month. In this case, the license is provided free of charge. The services for providing the container are provided on a fee basis.
10.1. The Licensor provides the Licensee with third-level subdomain services in the format "______.crebase.com".
10.2. The subdomain address is generated automatically.
10.3. The Licensee is entitled to change the subdomain address in their personal account.
10.4. The Licensor does not guarantee that the Licensee will retain the subdomain address and reserves the right to revoke it unilaterally.
11.1. Unless otherwise provided by the tariff, the Licensor provides the Licensee with container services.
11.2. The Licensee is not granted the right to administer the container or access administrative functions of the container, except as provided by the system's functionality.
11.3. The characteristics of the container provided to the Licensee are determined in accordance with the tariff chosen by the Licensee.
11.4. The Licensor reserves the right to block the project or account if the project imposes an excessive load on the container or impedes the stable operation of the system, or poses threats to the system, the Licensor, or third parties.
11.5. The Licensor gives no warranties regarding the operability and preservation of the container provided to the Licensee. The Licensee assumes all risks associated with interruptions in the operation of the container and loss of content.
11.6 Unless otherwise provided by the tariff or agreement between the parties, the Licensor does not perform project development or modification.
11.7 The Licensor does not provide training on the use of the system.
12.1. The Licensee sends a request to the Licensor containing information about the selected types of licenses and containers.
12.2. Upon receiving the request, the Licensor determines the amount of remuneration and sends the Licensee an invoice or a link for payment.
12.3. The Licensee has the right to purchase multiple licenses and container services.
12.4. Information about current tariffs is contained in the personal account.
12.5. The Licensee has the right to apply for a tariff change at any time by sending the corresponding application to the Licensor via communication means.
12.6. Upon receiving the application for a tariff change, the Licensor recalculates within 20 business days and transfers the Licensee to the new tariff. Recalculation is made on the date of the tariff change without considering discounts that were in effect at the time of the application or the date of recalculation.
12.7. The Licensor has the right to unilaterally change tariffs, notifying the Licensee 10 calendar days before the date of such changes. The Licensee's continued use of the tariff is considered as consent to the changes.
12.8. The amount of remuneration for additional paid options and services purchased at the time of the tariff change is not subject to change.
12.9. The Licensor ceases to provide access to the system and services after the expiration of the tariff paid by the Licensee.
12.10. After the expiration of the tariff paid by the Licensee, the Licensor stores the Licensee's project on its server for 6 months. After this period, the Licensor deletes (destroys) the project.
13.1. The minimum payment as compensation cannot be less than the cost of the tariff for one month.
13.2. The Licensee has the right to pay for the tariff in one lump sum for several months.
13.3. Settlements under the agreement are made in USD. Transactions with non-residents may be made in foreign currency.
13.4. The remuneration amount is not subject to VAT.
13.5. The Licensee's obligation to pay remuneration is considered fulfilled from the moment the funds are credited to the Licensor's bank account.
14.1. The Licensor has the right to update and otherwise modify the system without the consent or notification of the Licensee.
15.1. The Licensee exercises their intellectual rights to the project provided that the rights of the Licensor are observed.
15.2. The Licensor may make changes to the project in order to ensure the operation of the system or project without notice or agreement with the Licensee.
15.3. If provided for by the tariff, the Licensor has the right to unilaterally require the Licensee to place a link to Crebase on the project in the form specified by the Licensor or to place such a link independently.
16.1. The Licensor does not moderate the project and the content posted therein.
16.2. The Licensee is prohibited from any unlawful or dishonest use of the system.
16.3. Content posted by the Licensee in the project or otherwise using the system must comply with moderation rules.
16.4. The Licensee is responsible for obtaining all necessary permissions for the use of content that constitutes intellectual property.
16.5. The Licensor has the right to request from the Licensee certificates, licenses, and other documents.
16.6. The Licensor has the right to block or delete the project or account by the decision of a court or state authorities, as well as in other cases due to the Licensee's violation of the legislation or the terms of the agreement.
17.1. The Parties have the right to conduct legally significant correspondence through communication means.
17.2. The Parties are obliged to maintain the confidentiality of passwords used for access to their communication means.
17.3. Documents and messages sent through communication means are considered received by the recipient from the moment of their dispatch.
17.4. The Parties may not refer to the non-receipt of a message or document due to unauthorized access by third parties to their means of communication.
17.5. Documents and messages received through communication means are valid and admissible evidence in court.
17.6. In the execution of the agreement, the Parties are guided by Singapore time.
17.7. A Party's account in a messenger is recognized as the account registered to the Party's phone number specified in the personal account, or otherwise linked to such a phone number.
17.8. In case of changes to the details, the Party whose details have changed is obliged to notify the other Party within 5 working days.
18.1. The Parties have the right to sign documents with a simple electronic signature.
18.2. An electronic document is considered signed with a simple electronic signature of the Party if it is sent from its email address or messenger account.
18.3. Electronic documents signed with a simple electronic signature are considered equivalent to paper documents signed with a handwritten signature.
18.4. The Parties allow the use of facsimile reproduction of the signature when signing acts, requests, applications, notifications, and claims.
18.5. A Party has the right to demand the signing of documents in paper form and their exchange. The Party making such a demand bears all the costs associated with its execution in full.
19.1. The Licensee has the right to withdraw from the agreement within 14 calendar days from the date of its conclusion. In the event of such withdrawal, the Licensor returns to the Licensee the full amount of money received by the Licensor as a fee, minus the cost of services for providing a container and other services that were provided to the Licensee.
19.2. To withdraw from the agreement, the Licensee sends a statement of withdrawal from the agreement to the Licensor through the communication means. The agreement is terminated within 5 working days from the date of receipt of such a statement by the Licensor.
19.3. The return of funds is made by the Licensor to the bank account details specified in the statement of withdrawal from the agreement, within 30 calendar days from the date of termination of the agreement.
19.4. The Licensor has the right to withdraw from the agreement at any time in connection with its violation by the Licensee. To withdraw from the agreement, the Licensor sends a statement of withdrawal from the agreement to the Licensee through the communication means. The agreement is terminated from the moment of receipt of such a statement by the Licensee.
20.1. The Licensor shall not be liable for:
The inability of the Licensee to use the system for reasons beyond the Licensor's control;
The quality of services the provision of which depends on third parties;
The content posted by the Licensee;
The quality of the Licensee's access to the system via the Internet.
Losses incurred by the Licensee due to the use of the system;
Actions taken by the Licensee within the system;
Any actions or inaction of service providers, services, networks, software, or hardware;
The suitability of the system, including options, for any purposes of the Licensee, including commercial;
The security of financial data transmitted to the system;
Unauthorized and/or unlawful use of the Licensee's login and/or password by third parties.
20.2 The Licensor's liability under the agreement shall not exceed the cost of the tariff paid for the period during which the Licensee incurred documentarily confirmed actual damage. Licensee's Full Liability
20.3 The Licensee assumes full responsibility for:
The results of their actions when using the system, as well as the actions of third parties to whom the Licensee has provided access to the system;
Posting content that is confusingly similar to the trademarks of third parties or copyrighted objects;
The manner of conducting their business operations using the system.
21.1 In the event that the Licensor receives a communication from a right holder regarding the Licensee's infringement of their exclusive rights to content:
The Licensor will block the project or part thereof (page, section, etc.) within a reasonable time until the Licensee provides documents confirming the lawful use of the disputed content;
The Licensor may provide the right holder with the Licensee’s contact details for the purpose of the right holder's communication with the Licensee and dispute resolution.
21.2 The Licensor shall not be liable for providing the Licensee's contact details to the right holder, their use by the right holder, and does not participate in the interaction between the Licensee and the right holder.
21.3 If third parties present claims, demands, or lawsuits to the Licensor related to the Licensee's violation of the agreement, the Licensee must resolve such disputes independently and compensate the Licensor for any damages that may arise.
22.1 The Parties are relieved of liability for the complete or partial non-performance of obligations under the agreement in the event that it is a consequence of force majeure, namely: fire, flood, earthquake, other natural disasters, hostilities, war, mobilization, pandemic, or other circumstances beyond the parties' control, which the parties could not foresee or prevent.
22.2 The Party that cannot fulfill the obligation under the agreement due to the occurrence of force majeure circumstances must notify the other Party in writing within 5 working days from the date of their occurrence, with the provision of supporting documents.
22.3 The Party that does not notify the other Party of the occurrence of force majeure within the period established by the agreement, loses the right to refer to such circumstances. 22.4 The term for the provision of services is extended proportionally to the duration of the force majeure circumstances and their consequences.
22.4 The term for the provision of services is extended proportionally to the duration of the force majeure circumstances and their consequences.
22.5. If the force majeure circumstances and their consequences last more than 1 month, the parties must agree on an acceptable method of fulfilling obligations or terminating the agreement.
23.1. In the event of disputes, the Parties shall resolve them in a pre-litigation order by sending a claim.
23.2. The term for consideration of the claim: 30 calendar days from the date of its receipt by the addressee.
24.1. The Licensee is entitled to provide services to the Licensor in accordance with the terms of the affiliate program.
25.1. The law applicable to the parties' relationship is the legislation of Singapore.
25.2. The Licensor has the right to use information about the license and services provided under the agreement for informational or advertising purposes, as well as the Licensee's means of individualization, including trademarks and trade names.
Creatium Pte. Ltd.
UEN: 202208087E
68 Circular Road, #02-01, 049422, Singapore
help@crebase.com