Creatordesks

1. Our Services

Creatordesks provides a software-as-a-service (SaaS) platform that enables individuals and businesses to design, manage, and deploy automated chat flows across various messaging services, social media platforms (such as Instagram), and third-party applications (the “Services”). These Services are intended to streamline engagement, improve responsiveness, and support automation workflows through integrations with supported platforms and APIs.

By accessing or using the Services, you agree to be bound by these Terms of Service (this “Agreement”), which form a legally binding contract between you and Zorcha Software Pvt Ltd, the legal entity operating Creatordesks (“we,” “us,” or “our”).

If you purchase or subscribe to our Services, your use is governed by this Agreement unless a separate signed agreement or executed order form between you and Zorcha governs your relationship with us. In the event of a conflict between this Agreement and such separate agreement or order form, the terms of the signed document will prevail to the extent of the inconsistency.

We may update or modify our Services at our sole discretion to improve functionality, ensure security, comply with applicable laws, or address operational needs. Your continued use of the Services constitutes acceptance of such changes.

2. Account, Password, and Security

To access and use the Services provided by Creatordesks, you must first register and create an account (an “Account”). As part of the registration process, you may be required to provide personal and business information, including your name, email address, and optionally link third-party services such as Google, Facebook, or Instagram. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information as necessary to ensure its continued accuracy.

You are solely responsible for maintaining the confidentiality of your login credentials, including your password, and for any and all activities that occur under your Account, whether or not authorized by you. Creatordesks is not liable for any loss or damage resulting from unauthorized access to your Account. If you believe your Account has been compromised or you detect any unauthorized access or security breach, you must notify us immediately at support@creatordesks.com.

a. Account Ownership

The individual who registers for the Services shall be deemed the account holder and primary contracting party (the “Account Representative”), unless registration is carried out on behalf of a business entity. In such cases, the business shall be the Account Representative, and the individual completing the registration confirms they have the authority to bind that entity to this Agreement.

Only the Account Representative has the right to access and manage the Account, and all benefits and responsibilities under this Agreement are assigned to them. Accounts are non-transferable and may not be assigned or shared with any other person or organization without our prior written consent.

If you are an Agency or are using the Services on behalf of another party (a “Business Owner”), additional obligations and rules apply as described in Section 3.

b. Communications

By registering for an Account and providing your email address, you consent to receive communications from us electronically. These communications may include service-related announcements, account notifications, system updates, changes to our Services or policies, and other administrative messages necessary for providing and improving the Services.

3. Agencies and Business Owners

A “Business Owner” refers to any individual or legal entity that uses the Creatordesks Services to promote, support, operate, or commercialize their own products, services, or business activities.

An “Agency” is any third-party service provider, consultant, or marketing partner that is retained or authorized by a Business Owner to create, configure, or manage a Creatordesks Account and utilize the Services on the Business Owner’s behalf. While a Business Owner may choose to engage an Agency, doing so is optional and not required to use the Services.

a. Agency Obligations

If you are an Agency acting on behalf of a Business Owner, you agree to:

Properly designate the Business Owner as an administrator or authorized user on the Creatordesks Account and on all relevant third-party platforms integrated with the Services (e.g., Facebook Pages, Instagram Business Accounts).
Confirm that you are duly authorized by the Business Owner to access and operate the Account and Services on their behalf.

Failure to comply with these requirements may result in the suspension or termination of Account access.

b. Ownership and Rights

For any Account created or managed by an Agency on behalf of a Business Owner:

The Business Owner shall be deemed the official Account Representative and shall have final authority over the Account, including billing, subscription plans, and user access.
The Agency shall retain all rights and interests in any original automation workflows, templates, scripts, or other materials developed by the Agency in connection with the Account (the “Agency Content”), unless otherwise agreed in writing between the parties.

c. Account Transfers and Termination

If the relationship between a Business Owner and an Agency ends:

The Business Owner must promptly notify Creatordesks or update access rights through the user management dashboard to reflect the change.
Upon transfer of the Account to the Business Owner, all ongoing obligations relating to payment, plan upgrades, and use of Services shall become the sole responsibility of the Business Owner.

4. User Generated Content

"User Generated Content" refers to any content, materials, or information—whether textual, visual, audio, or otherwise—that you or any participant in an automated conversation ("Conversation Participant") submit, upload, publish, transmit, or make available through the Services. This may include but is not limited to: chat scripts, customer messages, media files, promotional content, templates, and responses shared via integrations with third-party platforms.

You are solely and fully responsible for all User Generated Content submitted under your Account or by any Conversation Participants. Creatordesks acts solely as a passive conduit for the distribution, storage, or display of such content and assumes no responsibility or liability related to it.

a. Disclaimer of Liability

You acknowledge and agree that:

Creatordesks is not involved in the creation, editing, or review of User Generated Content.
We expressly disclaim all responsibility or liability arising from User Generated Content.
We are not obligated to monitor or moderate User Generated Content but reserve the right to remove, restrict, or disable access to any such content at our sole discretion and without prior notice if deemed necessary to protect our Services or third parties.

b. User Representations and Warranties

You represent and warrant that all User Generated Content submitted through your Account:

Is accurate, truthful, and not misleading;
Does not infringe any third-party rights, including intellectual property, privacy, publicity, or contractual rights;
Complies with all applicable laws and regulations, including but not limited to export controls, consumer protection, advertising, privacy, and anti-spam laws;
Does not contain defamatory, harassing, abusive, pornographic, or otherwise offensive or illegal material;
Does not target or harm minors or contain child-exploitative content;
Is free from viruses, malware, or other harmful code;
Does not falsely imply a relationship with or endorsement by Creatordesks or its affiliates;
Will not result in liability or reputational damage to Creatordesks or its service providers.

c. License to Use Content

By uploading or submitting User Generated Content to or through the Services, you grant Creatordesks a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, host, store, display, distribute, and process such content solely for the following purposes:

Providing, maintaining, and improving the Services;
Enabling operational functionality such as message delivery, automation, and analytics;
Enforcing this Agreement and complying with legal obligations.

This license does not transfer ownership of your content to Creatordesks. You retain full rights to use and exploit your content for your own purposes, subject to applicable laws.

5. Communication by Email

If you choose to use the Creatordesks platform to send communications to your users via email, you agree to the following Compliance and Indemnity Terms ("CIT") as a binding component of this Agreement.

a. Legal Compliance

You represent and warrant that your use of the Services will fully comply with all applicable laws and regulations governing electronic communications, including but not limited to:

The Information Technology Act, 2000 (as amended)
The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
The Telecom Commercial Communications Customer Preference Regulations, 2018 issued by the Telecom Regulatory Authority of India (TRAI)
Any state, central, or international anti-spam, privacy, or electronic marketing laws (collectively referred to as “Electronic Messaging Laws”)

It is your sole responsibility to ensure that your email communications, list management practices, opt-in procedures, and content adhere to the applicable legal framework, including obtaining all legally required consents from recipients prior to initiating email communications.

b. Indemnification

You acknowledge that:

Creatordesks provides email automation tools but does not assume any legal responsibility for your messaging activities.
You agree to indemnify, defend, and hold harmless Creatordesks, its parent company, owners, directors, officers, employees, agents, contractors, and vendors from any claims, fines, penalties, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
Your breach of any applicable Electronic Messaging Laws;
Any unauthorized, misleading, or illegal email communication sent using the Services;
Any violation of user consent requirements or data privacy obligations.

c. Defense and Cooperation

In the event of a claim, demand, investigation, or proceeding:

Creatordesks will promptly notify you;
Creatordesks will provide reasonable assistance in the defense or settlement process;
You will have the right to control the defense and resolution of the claim, provided that any proposed settlement affecting Creatordesks requires prior written consent, which shall not be unreasonably withheld.

You are encouraged to consult legal counsel to ensure that your use of email features within the Creatordesks Services complies with applicable laws and best practices.

5. Communication by Email

a. Legal Compliance

You represent and warrant that your use of the Services will fully comply with all applicable laws and regulations governing electronic communications, including but not limited to:

The Information Technology Act, 2000 (as amended)
The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
The Telecom Commercial Communications Customer Preference Regulations, 2018 issued by the Telecom Regulatory Authority of India (TRAI)
Any state, central, or international anti-spam, privacy, or electronic marketing laws (collectively referred to as “Electronic Messaging Laws”)

b. Indemnification

You acknowledge that:

Creatordesks provides email automation tools but does not assume any legal responsibility for your messaging activities.
You agree to indemnify, defend, and hold harmless Creatordesks, its parent company, owners, directors, officers, employees, agents, contractors, and vendors from any claims, fines, penalties, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
Your breach of any applicable Electronic Messaging Laws;
Any unauthorized, misleading, or illegal email communication sent using the Services;
Any violation of user consent requirements or data privacy obligations.

c. Defense and Cooperation

In the event of a claim, demand, investigation, or proceeding:

Creatordesks will promptly notify you;
Creatordesks will provide reasonable assistance in the defense or settlement process;
You will have the right to control the defense and resolution of the claim, provided that any proposed settlement affecting Creatordesks requires prior written consent, which shall not be unreasonably withheld.

You are encouraged to consult legal counsel to ensure that your use of email features within the Creatordesks Services complies with applicable laws and best practices.

6. Communication with Creatordesks and Its Clients

By providing your contact information to Creatordesks or any affiliated partners or clients, you represent and warrant that:

The contact details you provide (including, but not limited to, your email address) are true, accurate, and current;
You are the lawful subscriber and/or authorized user of any email addresses you submit;
You have the legal right to provide such contact information for the purposes described in this Agreement.

a. Consent to Communication

By voluntarily submitting your contact information, you expressly consent to receive communications from or on behalf of Creatordesks and its clients. These communications may include, but are not limited to:

Notices regarding your account or use of the Services
Transactional or administrative messages
Service updates, system alerts, or compliance notifications
Promotional or marketing communications related to Creatordesks and its clients' products and services

You may opt out of promotional emails at any time by using the "unsubscribe" link provided in such messages, though you acknowledge that certain service-related communications are necessary and cannot be opted out of while you maintain an active account.

7. Prohibited Uses

In addition to any other restrictions set forth in this Agreement, you agree not to misuse the Creatordesks Services or use them for any unlawful, abusive, or harmful purposes. You are expressly prohibited from using the Services:

a. Legal and Ethical Violations

For any unlawful purpose, or to solicit or engage in unlawful activity.
To violate any applicable international, federal, state, local, or other laws or regulations.
To infringe upon the intellectual property rights, privacy rights, or other legal rights of Creatordesks or any third party.
To harass, intimidate, defame, abuse, threaten, stalk, or otherwise violate the rights of any person, including through discriminatory or hateful conduct based on race, gender, sexual orientation, religion, nationality, or disability.
To impersonate any person or entity, or to misrepresent your affiliation with any individual or organization.

b. Content and Communication Restrictions

To submit or transmit false, deceptive, or misleading information.
To upload or disseminate viruses, malware, spyware, or other harmful code.
To distribute spam, chain letters, phishing emails, or any unsolicited marketing or promotional materials.
To submit obscene, sexually explicit, violent, or otherwise inappropriate content, including child exploitation materials.

c. Technical and Platform Abuse

To interfere with or disrupt the integrity or performance of the Services or related infrastructure.
To access or attempt to access non-public areas of the Services or our systems without authorization.
To probe, scan, or test the vulnerability of any system or network or to breach security or authentication measures.
To attempt to reverse engineer, decompile, disassemble, or tamper with any software, features, or algorithms used by Creatordesks.
To use any automated system (e.g., bots, spiders, scrapers) to interact with the Services except as expressly permitted via our public API or documentation.

d. Platform and Integration Misuse

To engage in conduct that violates the terms or policies of Facebook, Instagram, or any other integrated platform.
To abuse trial offers, promotional credits, rebate programs, or similar incentives.
To circumvent or disable access restrictions, usage limits, or rate controls imposed by Creatordesks or third-party platforms.

e. Interference and Fraud

To forge headers or manipulate identifiers in a manner that disguises the origin of any transmission.
To overload, flood, or otherwise disrupt the Services or related systems via denial-of-service attacks, mail bombing, or scripting.

f. Enforcement Rights

Creatordesks reserves the right to:

Terminate or restrict access to your Account or the Services for violating any of the above restrictions.
Limit or suspend your use of the Services if your actions degrade the performance or security of the platform or adversely impact other users or third-party platforms.
Investigate and disclose any information deemed necessary to comply with applicable law, enforce these Terms, address security concerns, respond to legal process, or protect the rights and safety of Creatordesks, its users, and the public.

All such actions are subject to our Privacy Policy, which governs the manner and conditions under which personally identifiable information may be disclosed.

8. Representations and Warranties; Compliance with Laws

By accessing and using the Services, you represent, warrant, and covenant that:

a. Legal Capacity and Authority

You are at least 18 years of age, or the age of majority in your jurisdiction, and possess the legal capacity to enter into binding agreements.
If you are accessing or using the Services on behalf of a business, organization, or other legal entity, you have full authority to bind such entity to this Agreement.

b. Acceptance of Terms

You further represent and warrant that:

You have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy;
You will act in a lawful, professional, and responsible manner when using the Services;
You will comply with all applicable local, state, federal, and international laws, regulations, and practices.

c. Regulatory Compliance

You are solely responsible for determining whether the Services meet your legal and regulatory obligations, including those under:

Data privacy regulations (e.g., GDPR, CCPA, HIPAA, FTC Act)
Financial, consumer protection, and anti-discrimination laws (e.g., FCRA, ECOA)

We do not guarantee compliance with any industry-specific regulation or law and disclaim all liability where our Services are used in non-compliant ways.

d. Use of Services in the EEA

If you are located in or serve end-users in the European Economic Area (EEA), you specifically acknowledge and agree that:

The Creatordesks platform is not currently certified as GDPR-compliant.
You are responsible for ensuring that your use of the Services complies with the General Data Protection Regulation (GDPR) or any other applicable data protection laws.
You will not process personal data of EEA residents unless you have obtained explicit, informed consent and implemented appropriate safeguards.
Your privacy policy must accurately disclose the nature and limitations of data processing via a non-GDPR-compliant service.
You may not use the Services to collect or process sensitive personal data, including but not limited to health, financial, biometric, or government-issued identification data.
Creatordesks is not liable for any legal claims, fines, or penalties resulting from your non-compliance with the GDPR or any similar law. You remain the sole data controller under applicable data protection laws.

e. Disclosure and Intent

You agree to disclose any material fact, motivation, or interest related to your use of the Services that Creatordesks may reasonably need to know, including but not limited to use for journalistic, investigative, or regulatory monitoring purposes. Use of the Services for deceptive, unlawful, or misrepresented purposes is strictly prohibited.

f. Indemnification

You agree to indemnify, defend, and hold harmless Creatordesks, its officers, directors, employees, affiliates, contractors, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of:

Your breach of this Agreement or any representation or warranty herein;
Your non-compliance with applicable laws or regulations;
Any unauthorized or unlawful use of the Services by you or your end-users.

9. Billing and Payment

a. General Payment Terms

Unless otherwise agreed in writing, all payments for Services provided by Creatordesks must be made through a designated third-party payment processor (the “PSP”) as listed on our platform. You may be required to:

Register with the PSP,
Agree to its terms of service (the “PSP Services Agreement”),
Provide payment and billing information,
Undergo verification steps required by the PSP.

By accepting these Terms of Service, you acknowledge that:

You have reviewed and agreed to the PSP Services Agreement,
Creatordesks is not a party to the PSP Services Agreement and has no liability arising from it.

b. Taxes and Currency

All prices are listed in Indian Rupees (INR) unless stated otherwise, and payments must be made in INR. Applicable Taxes, including GST or other regulatory charges, are calculated based on the billing address you provide and added at the time of payment.

c. Subscription Plans and Payment Schedule

Subscription fees (monthly, annual, or otherwise) are posted on our Site and may vary by location or plan. Fees are due in full for each billing period, regardless of usage.

By subscribing, you authorize us to:

Automatically charge your provided payment method on a recurring basis,
Collect payment at the start of each billing cycle (monthly/yearly),
Suspend or terminate your account if a payment attempt fails and remains unresolved.

You are responsible for updating expired or invalid payment details. All users confirm they have authorization to use the payment instrument provided.

d. Refund Policy

All purchases are final and non-refundable. Creatordesks does not issue refunds for partial use, account termination, or discontinued features. If you have billing-related inquiries, please contact us at support@creatordesks.com.

e. Pricing Changes

We may change our pricing at any time by:

Posting revised rates on our Site, and/or
Notifying you by email.

Continued use of the Services following notice constitutes your agreement to the new fees.

f. Free Trials

From time to time, we may offer promotional or Trial access to premium features. Trial eligibility and duration may vary. By initiating a Trial:

You accept these Terms of Service,
You authorize billing upon the Trial’s expiration unless canceled before it ends,
You must cancel via your Account settings to avoid automatic charges.

Trials are subject to modification or withdrawal at our discretion.

g. In-Bot Payments and User Products

Our platform may allow you to sell goods, services, or content via in-bot payments (your “User Products”) through your chatbot interface (the “Bot”).

You are solely responsible for:

The content and legality of your User Products and marketing,
All customer support, delivery, refunds, disputes, and taxes associated with your sales,
Ensuring compliance with applicable laws and third-party policies (e.g., Facebook, Instagram, Razorpay).

You may not offer prohibited products, including:

Hazardous, counterfeit, or stolen items,
Items that infringe intellectual property or privacy rights,
Items violating trade, safety, or consumer protection laws.

Creatordesks disclaims all responsibility for your User Products, and reserves the right to:

Remove your Bot or suspend your account if suspicious, illegal, or harmful activity is detected,
Deny responsibility for payment disputes, fraud, or chargebacks related to in-bot transactions.

You are fully responsible for verifying users and ensuring secure transactions. Creatordesks does not guarantee the success or security of any user transactions and will not be held liable for reversals or fraudulent activities.

You are also responsible for safeguarding sensitive data and must comply with applicable data security and privacy laws regarding the collection, storage, and transmission of payment or personal information.

10. Termination and Suspension

a. Voluntary Termination

Unless otherwise stated in a separate written agreement with Creatordesks, either party may terminate these Terms of Service at any time, with or without cause. You may cancel your Account at any time by using the account management features available through the Services.

Upon cancellation:

Your access to your Account and associated content, configurations, or data will be terminated.
All personal settings, messages, automation flows, and User Generated Content may be permanently deleted, unless retention is required by law or for dispute resolution.

b. Termination by Creatordesks

We reserve the right, at our sole discretion, to suspend, limit, or terminate your access to the Services at any time and without notice if:

We reasonably suspect or confirm that you have violated these Terms of Service;
You are under investigation for misconduct, abuse, or fraudulent activity;
We determine that your continued use may pose a legal, security, or reputational risk to Creatordesks or our users.

You are prohibited from re-registering or creating a new Account using your own or another person’s identity if your prior Account has been suspended or terminated, even if acting on behalf of a third party.

c. Legal Effect of Termination

Termination of your right to use the Services does not relieve you of any obligations under this Agreement that by their nature are intended to survive termination. This includes, but is not limited to:

Indemnification obligations,
Payment obligations incurred before termination,
Disclaimers of warranties,
Limitations of liability,
Dispute resolution procedures (see Section 17).

Creatordesks reserves the right to pursue any available legal remedies, including arbitration, for any breach of this Agreement.

d. Modification or Discontinuance

Creatordesks may, at its sole discretion and without liability:

Modify, suspend, or discontinue any part or all of the Services,
Deny service or registration to any user if deemed necessary to protect system integrity, business interests, or user safety.

We will endeavor to provide notice when practical, but are not required to do so.

e. Data Retention and Inactivity

Upon termination or cancellation of your Account:

We may delete all your stored data, including but not limited to automation flows, subscriber lists, chat histories, and media content.
Data recovery is not guaranteed once an account is permanently deleted.

If your Account remains inactive for 18 consecutive months (defined as no logins, conversation activity, payments, or broadcasts):

We may attempt to notify you via your registered email address,
If you do not respond within 30 days, we reserve the right to close your Account and delete all associated data without further notice.

11. Links to Third-Party Websites & Optional Third-Party Tools

The Creatordesks platform and services may contain links (e.g., hyperlinks) to third-party websites or offer access to third-party tools and services. These links and tools are provided purely for your convenience and do not imply any endorsement, affiliation, or control by Creatordesks over those external websites or services.

A. Third-Party Websites

We may display or provide links to websites that are not operated or maintained by Creatordesks. These may include, without limitation:

External resources (e.g., help documentation, communities)
Advertisements
Integrations or references to third-party products

We do not:

Control or guarantee the accuracy, relevance, legality, or completeness of information found on any external sites.
Endorse or take responsibility for the views expressed, services offered, or content displayed on those third-party platforms.

You acknowledge and agree that:

You access third-party websites entirely at your own risk.
Creatordesks shall not be held responsible for any damage, loss, or liability resulting from your interaction with or reliance upon third-party content, products, or services.
It is your responsibility to read and comply with the terms of service and privacy policies of any third-party websites you interact with.

We reserve the right to remove or disable links to third-party websites at any time without notice and without liability.

B. Third-Party Accounts and Social Integrations

As part of the core functionality of our services, you may connect your Creatordesks account with your social media accounts or other services provided by third parties (e.g., Facebook, Instagram, WhatsApp, Telegram) — referred to as “Third-Party Accounts.”

You may connect by either:

Logging in through the third-party platform via OAuth or API authorization.
Granting Creatordesks access to specific permissions as defined by the third-party service provider.

By connecting your Third-Party Account, you represent and warrant that:

You are legally authorized to grant us access to your Third-Party Account.
Your use of these integrations does not breach any terms or policies of the third-party provider.
You understand that Creatordesks may access, retrieve, store (where applicable), and use certain information and content (such as comments, messages, profile data, and media), collectively referred to as “SNS Content,” from your Third-Party Account to provide automation services.

We may also send or receive automated messages, replies, or updates to or from these platforms based on the configurations you set within the Creatordesks dashboard.

Please note:

If any Third-Party Account becomes unavailable or access is revoked, some or all functionality of the Creatordesks services may become limited or disabled.
Your relationship with these third-party providers is governed solely by your agreement with them.
Creatordesks does not review, control, or verify the accuracy, legality, or quality of any content retrieved from or sent to Third-Party Accounts.

C. Third-Party Tools

We may provide access to optional third-party tools or integrations as part of the Services. These tools:

Are provided “as is” and “as available,” without warranties, guarantees, or representations of any kind.
Are not monitored or controlled by Creatordesks.
Are used at your sole discretion and risk.

You are responsible for reviewing and approving the terms under which such tools are provided by the respective third-party service providers. Creatordesks disclaims all liability arising from or related to your use of any optional third-party tools offered through the platform.

12. Ownership and Intellectual Property Rights

All content, including but not limited to text, designs, graphics, code, data, formatting, branding, images, videos, audio clips, interfaces, software, HTML, algorithms, UI/UX elements, and other materials (collectively, “Proprietary Material”) displayed or made available through the Creatordesks platform and services (excluding User Generated Content), is the exclusive property of Creatordesks, its licensors, or content providers, and is protected by applicable intellectual property laws and international treaties.

A. Platform Ownership

Creatordesks retains all rights, title, and interest in:

The structure, selection, arrangement, coordination, and look and feel of the platform.
Any proprietary features, technologies, and integrations made available through the platform.
Reports, analytics, or outputs generated by the service that are not User Generated Content.

This Proprietary Material is protected under copyright, trademark, trade secret, and/or patent laws in India and internationally. No part of the Services may be copied, reproduced, modified, distributed, transmitted, republished, or exploited in any way without express prior written consent from Creatordesks.

B. User License

Subject to your compliance with these Terms and any other applicable policies, Creatordesks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your own internal business or personal use.

You may not:

Reverse engineer, disassemble, or otherwise attempt to discover the source code of the platform.
Modify, publish, transmit, create derivative works from, or exploit any of the Creatordesks content or functionality without prior written consent.

Any unauthorized use of our proprietary content or software may violate copyright, trademark, and other laws and could result in civil or criminal penalties.

C. User Generated Content

Any content you create, upload, or authorize us to access through third-party platforms (such as Instagram, Facebook, or Telegram)—including but not limited to comments, messages, media, or templates—remains your intellectual property. However, by using the Services, you grant Creatordesks a worldwide, non-exclusive, royalty-free license to access, use, store, display, reproduce, and process such content solely to operate, promote, and improve our Services.

You confirm that you have all necessary rights to grant us this license for any content submitted or shared with us through the platform.

D. Feedback and Suggestions

If you provide Creatordesks with feedback, ideas, or suggestions about the Services (“Feedback”), you agree that:

Such Feedback is provided voluntarily and without expectation of compensation.
Creatordesks shall have the right to use, modify, and incorporate the Feedback into its products or services without restriction.
Creatordesks is not obligated to keep such Feedback confidential or acknowledge your contribution publicly.

E. Intellectual Property Rights Definition

For the purposes of this agreement, “Intellectual Property Rights” include all rights under applicable laws governing copyrights, trademarks, patents, trade secrets, designs, moral rights, publicity rights, and all applications, registrations, renewals, and extensions related to the same.

F. Violations and Termination

Your license to use the Creatordesks platform is strictly conditioned upon your adherence to these terms and any additional usage policies. Creatordesks reserves the right to terminate your account and access to the Services at its sole discretion if it believes you have infringed on its Intellectual Property Rights or violated any usage policies.

13. Copyright Complaints and Copyright Agent

At Creatordesks, we respect the intellectual property rights of others and expect our users to do the same. We comply with applicable copyright laws, including the provisions of the Indian Copyright Act, 1957 and other relevant international laws, and take claims of copyright infringement seriously.

If you believe, in good faith, that any content available through our Services infringes upon your copyright or other intellectual property rights, you may submit a written notification with the following information:

Required Details for Copyright Infringement Notification:

A clear identification of the copyrighted work you claim has been infringed, including, if applicable, the URL or other specific location on the platform where the material is located.
A description of where the original or authorized version of the copyrighted work exists, such as a URL, publication details, or registration certificate.
Your full contact details, including your name, physical address, telephone number, and a valid email address.
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Once a valid copyright notice is received, we will promptly investigate and, where appropriate, remove or restrict access to the allegedly infringing material. We may also terminate accounts of repeat infringers, in accordance with our policies.

Send Your Notice To:

Please note: Submitting false claims may lead to legal consequences. Ensure that your claim is valid and submitted in good faith.

14. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable and proprietary asset of Creatordesks, and you agree not to disclose, transfer, or use (or attempt to induce others to disclose, transfer, or use) any such Confidential Information for any purpose other than for the proper use of the Services in accordance with our Terms and Conditions.

If necessary, you may disclose Confidential Information to your employees, agents, or advisors only if they are bound by confidentiality obligations at least as restrictive as those set forth herein. You must promptly notify Creatordesks in writing of any known or suspected unauthorized use or disclosure of Confidential Information and must make all reasonable efforts to protect such information from any further unauthorized use or disclosure.

Upon termination of your use of the Services or this agreement, for any reason, you shall return or destroy (as directed by us) all originals and copies of any materials, documents, or media containing Confidential Information belonging to Creatordesks.

Definition of "Confidential Information":

“Confidential Information” refers to all non-public, proprietary, or sensitive data and information of Creatordesks, whether disclosed verbally, visually, electronically, or in written or tangible form, including but not limited to:

Business operations and strategies
Product plans and technical data
Source code, algorithms, or software documentation
Financial data and projections
Customer, user, or partner information
Sales and marketing strategies
Internal processes and workflows
Research and development materials
Personnel or staffing information

Confidential Information does not include information that:

Is or becomes publicly available without breach of this agreement;
Was lawfully known to you prior to disclosure by Creatordesks;
Is disclosed with prior written consent from us;
Is required to be disclosed by law, provided you give prior notice (to the extent legally allowed) so we may seek a protective order or remedy.

By accessing or using Creatordesks, you agree to protect and safeguard our Confidential Information with the same degree of care you use to protect your own sensitive information, but in no event less than reasonable care.

15. Disclaimer of Warranties

The Creatordesks platform and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Creatordesks makes no representations or guarantees regarding the reliability, accuracy, timeliness, security, availability, or completeness of the Services or any content provided through the platform. You understand and agree that your use of the Services is at your own discretion and risk.

We expressly disclaim any responsibility or liability for:

Any bugs, errors, omissions, or inaccuracies in the content or Services;
Personal injury or property damage resulting from your access to or use of the Services;
Unauthorized access to or use of our servers and/or any and all personal, financial, or business information stored therein;
Interruption or cessation of transmission to or from the Services;
Any malware, viruses, or harmful code transmitted through the Services by any third party;
Events beyond our reasonable control, including acts of God, natural disasters, outages, war, or government restrictions.

To the fullest extent permitted by law, Creatordesks, its affiliates, directors, officers, employees, agents, contractors, suppliers, partners, and licensors shall not be liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to:

Loss of revenue or profits
Loss of data or business opportunities
Loss of goodwill or reputation
Cost of substitute services or technology
Service interruptions, data corruption, or system failures

even if advised of the possibility of such damages, and even if the remedy fails of its essential purpose.

⚠️ Limitation of Liability: In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

In any case, if liability is imposed on Creatordesks, our aggregate liability for any claim relating to the use or performance of the Services shall not exceed the lesser of:

The total amount of fees paid by you to Creatordesks in the six (6) months immediately prior to the event giving rise to the claim; or
₹10,000 INR (Ten Thousand Indian Rupees).

16. Indemnification

You agree to indemnify, defend, and hold harmless Creatordesks, its parent company (if any), affiliates, and each of their respective officers, directors, employees, agents, contractors, attorneys, insurers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to:

Your access to or use of the Services;
Your violation of any provision of these Terms of Service;
Your violation of any law or the rights of any third party;
Any content or data submitted, posted, uploaded, or otherwise made available through your account, including any claims that such content infringes the intellectual property rights, privacy, or other rights of a third party;
Your use of automated tools such as robots, spiders, scrapers, crawlers, or any similar data-gathering or extraction tools that place an unreasonable load on the platform infrastructure;
Any unauthorized access or activity occurring under your account.

Creatordesks reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with our defense of the applicable claim.

🚫 No Settlement Without Consent: You may not settle any claim, suit, or matter without the prior written consent of Creatordesks, unless the settlement includes a full and unconditional release of the Indemnified Parties from all liability.

17. Dispute Resolution – Arbitration

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to them, including the breach, termination, enforcement, interpretation, or validity thereof, and the use of the Services (collectively, “Disputes”), shall be governed and construed in accordance with the laws of India, without regard to its conflict of laws principles.

You agree that any Dispute shall be exclusively resolved through final and binding arbitration, in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed mutually by both parties. The seat and venue of arbitration shall be Kanpur, Uttar Pradesh, India, and the proceedings shall be conducted in English.

⚖️ Jurisdiction: Subject to the above, you agree that the courts of Kanpur, Uttar Pradesh shall have exclusive jurisdiction for all legal proceedings that are not subject to arbitration under this clause.

The failure of Creatordesks to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remainder of the Terms will remain in full force and effect, and the invalid or unenforceable portion will be interpreted to best reflect the intent of the original provision.

Time Limit on Claims

You agree that any Dispute or cause of action arising out of or related to your use of the Services must be initiated within one (1) year after the cause of action accrues. Otherwise, such claim is permanently barred. However, Creatordesks reserves the right to initiate legal proceedings in accordance with the applicable statute of limitations under Indian law.

Cooperation with Authorities

Notwithstanding anything to the contrary in these Terms, Creatordesks reserves the right to cooperate with law enforcement or regulatory authorities in India and may disclose any relevant user data or activity as required by applicable laws, legal processes, or government requests.

18. Governing Law

These Terms of Service and any disputes arising out of or related to the Services or this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. This governing law clause is intended solely to ensure consistency and enforceability under Indian jurisdiction. All rights and obligations of the parties shall be subject to the laws in force in India.

19. No Agency; No Employment

No provision of these Terms, or your use of the Services, shall be construed to create any agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between you and Creatordesks. You acknowledge and agree that you are using the Services solely as an independent user or entity and not as an employee or agent of Creatordesks, and that you have no authority to bind Creatordesks by contract or otherwise.

20. General Provisions

Failure by Creatordesks to enforce any provision of this Agreement shall not be construed as a waiver of any right or provision. This Agreement represents the entire agreement between you and Creatordesks with respect to your use of the Services and supersedes all prior agreements, communications, and understandings, whether written or oral.

Each provision of this Agreement is intended to be interpreted in a way that makes it valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, in whole or in part, such provision shall be either:
(i) revised to the minimum extent necessary to make it valid and enforceable, or
(ii) removed, and the remaining provisions shall remain in full force and effect.

You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Creatordesks. We may freely assign or transfer this Agreement, without your consent, to:

any of our affiliates or subsidiaries,
a company that acquires our business or assets, or
a successor organization.

This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

21. Changes to this Agreement and the Services

Creatordesks reserves the right, at its sole discretion, to modify, update, or revise this Agreement (including these Terms of Service and Privacy Policy) at any time. We may also review, improve, discontinue, or suspend any part of the Services or features temporarily or permanently, with or without notice, and without liability.

We will make reasonable efforts to notify you of material changes via email or within the Services. However, continued use of the Services after changes go into effect will constitute your irrevocable acceptance of the revised terms. If any future changes are unacceptable to you, your sole remedy is to stop using the Services and close your account.

22. No Rights of Third Parties

This Agreement is entered into solely between you and Creatordesks. No third party shall have any rights to enforce any term of this Agreement under any applicable law or statute, including the Indian Contract Act or similar third-party rights doctrines.

23. Notices and Consent to Receive Notices Electronically

By using the Services, you consent to receive all agreements, notices, disclosures, and other communications (collectively, “Notices”) electronically, including via email or through postings on the Creatordesks website or within the platform.

You agree that these electronic Notices satisfy any legal requirement that such communications be in writing. Unless stated otherwise in this Agreement, all Notices shall be considered duly given:

when personally delivered or sent via certified/registered mail (with return receipt),
when electronically confirmed if sent via email or facsimile, or
on the next business day if sent via a recognized overnight delivery service.

24. Contacting Us

If you have any questions about these Terms of Service or about the Services provided by Creatordesks, you may contact us:

Support Page: creatordesks.com/support
Email: support@creatordesks.com
Postal Address:
Futuredesks Services Sec -45 Sadarpur, Noida, UP, India