Last updated September 14, 2026
These Creator Terms of Service ("Terms") are a legally binding agreement between you ("Creator," "you," or "your") and Zestworld Inc. doing business as CreatorAPI ("Zestworld," "Avail," "CreatorAPI," "we," "us," or "our"). These Terms cover your participation as a creator who licenses your name, image, voice, and likeness to brands, agencies, merchants, and other advertisers for the generation of advertising and marketing content (images, video, voice, text) through the CreatorAPI platform (the "Platform"). Our Terms also apply when you use our services, including our data, documentation, websites, web interfaces, content, intellectual property, and any other functionalities we may make available to you (collectively, our "Services").
Please read these Terms carefully. By creating an account, uploading Creator Materials, recording a voice or likeness sample, accepting a Brand invitation, sending a proposal, approving a Creator License, or otherwise accessing or using the Platform, you agree to these Terms, our Privacy Policy, and any usage policies or guidelines we post or provide in writing, each of which is incorporated by reference. Our Privacy Policy explains how we collect and use personal information, including the biometric information used to create your digital replica. If you do not agree, you must not access or use the Platform.
The information provided throughout our Platform and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Platform or Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
As described in the Dispute Resolution section below, any dispute between you and us is subject to a class action waiver and must be resolved by individual binding arbitration. Please read that section carefully, as it affects your rights.
You must be at least 13 years of age to use the Platform. If you are under 18, a parent or legal guardian must review and agree to these Terms on your behalf, as described in Section II.
"Likeness" means a Creator's name, image, photograph, voice, vocal style, handle, signature style, appearance, performance, mannerisms, and other identifiable personal attributes.
"Creator" means an individual and/or their representative who has registered with the Platform and who licenses their Likeness for the generation of advertising or marketing content under a Creator License.
"Brand" means a brand, agency, merchant, or other advertiser that uses the Platform under our Brand Terms of Service to license a Creator's Likeness and generate Variants.
"Creator Materials" means source footage, audio, voice, images, and other assets that a Creator — or that a Brand, with the Creator's approval — uploads or provides for use in generating Variants.
"Brand Materials" means everything a Brand uploads, submits, or provides in connection with a proposed or approved engagement, including campaign briefs, scripts, copy, product information and claims, images, audio, video, the Brand's names, logos, trademarks, trade dress, and other brand assets, and any other content the Brand contributes to or incorporates into a Variant.
"Variants" means advertising hooks, videos, audio, voice, images, text, and other outputs that the Platform's artificial-intelligence partners generate using Creator Materials and/or a Creator's Likeness, together with any Brand Materials incorporated into them.
"Creator License" means the specific, per-engagement consent and license terms — including the approved Brand(s), permitted and excluded products and categories, territory, duration, advertising and marketing uses, and usage guidelines — that you review and approve through the Platform. Your compensation from a Brand is agreed and paid separately and directly between you and the Brand, outside the Platform. Each Creator License you approve is incorporated into and forms part of these Terms as to that engagement. If a Creator License conflicts with these Terms, the Creator License controls for that engagement, except that the Creator License may not override the core platform protections in these Terms (the limitation of liability, indemnification, intellectual-property, confidentiality, and dispute-resolution sections), which control regardless.
"Approved Scope" means the products and categories, territory, advertising and marketing uses, and duration set out in the applicable Creator License, together with your Usage Guidelines. A Brand's rights to a Variant are bounded by the Approved Scope, except any marketing use that you and the Brand separately authorize under Section X ("Our use of Variants in our own marketing").
"Usage Guidelines" means the content rules, restrictions, excluded categories, attribution settings, and any per-Variant approval requirements that you set through the Platform or in the Creator License.
"AI Providers" means the third-party artificial-intelligence providers and processing vendors that operate the Platform on our behalf to generate and deliver Variants.
To participate, you must register for an account ("Account") and provide information that is true, accurate, current, and complete, and keep it updated. You agree we may use this information to communicate with you about the Services, and that those communications satisfy any legal-notice requirements.
Age and parental consent. You must be at least 13 years old. If you are between 13 and 17, you may use the Platform only if your parent or legal guardian reviews and agrees to these Terms on your behalf. For creators under 18, the parent or legal guardian executes the written release and each Creator License approval described in these Terms and in our Privacy Policy, and may exercise your rights under them, including revoking a Creator License and closing your Account. Any recorded consent statement is made by you, as the person depicted. References to "you" in these Terms include your parent or legal guardian where they act on your behalf.
Access by invitation. Access to the Platform may be limited to Creators invited by a Brand or by us. We may decline any registration.
Your Account is personal to you. Your Account represents you and your Likeness only. You may not register for, or upload Creator Materials depicting or voicing, any other person. If a representative (such as a manager or agent) accesses or manages your Account on your behalf, you represent that they have your authority to do so, and you are responsible for their activity. You are responsible for keeping your credentials confidential and for all activity under your Account. Notify us immediately at team@creatorapi.ai if you learn of any unauthorized use of your Account.
Identity and consent verification. Where appropriate, we may ask you to verify your identity (for example, with a government-issued ID and a selfie or liveness check) and to record a live consent statement confirming that you are the person depicted in the Creator Materials and that you consent to a digital replica of your voice and likeness. This verification is separate from, and in addition to, your acceptance of these Terms. We may withhold or pause generation until verification is complete.
You represent and warrant that: (1) all registration information you provide is and will remain true, accurate, current, and complete; (2) you are at least 13 years old and, if you are under 18, your parent or legal guardian has agreed to these Terms on your behalf; (3) you have the legal capacity to enter into these Terms (or your parent or legal guardian does on your behalf); (4) you will not access the Services through automated or non-human means except as we expressly permit; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide information that is untrue, inaccurate, not current, or incomplete, or if we suspect misuse, we may suspend or terminate your Account and refuse any current or future use of the Services. You may close your Account at any time from your Account settings or by contacting us at team@creatorapi.ai (see Sections XI and XVIII for the effect on your data, any active Creator Licenses, and live Variants).
Consent-first. No Variant will be generated in your Likeness, and no Creator Materials or Likeness will be treated as licensed to any Brand, until you have reviewed and approved the applicable Creator License. You may decline any proposed engagement for any reason.
License to Brands. For each Creator License you approve, you grant the approved Brand, through the Platform, a limited, non-exclusive (except as the Creator License expressly provides), non-transferable license to use, reproduce, distribute, publicly display, and run the Variants generated from your Likeness, solely as advertising and marketing, and solely within the Approved Scope. Brands may sublicense their rights in a Variant only to the limited extent necessary to run it as permitted (for example, uploading it to an advertising platform or ad network to serve the placement). Each new Brand, each new product or category, each new territory or use, and any material change to an approved scope requires a new or amended Creator License that you approve before any further generation or use.
License to CreatorAPI and our AI Providers. You grant CreatorAPI and its AI Providers a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, reformat, and process your Creator Materials and Likeness — including to create and maintain a digital replica or voice or likeness model of you — solely to operate the Platform, to present proposed engagements to you, and to generate and deliver Variants within the Approved Scope of the Creator Licenses you approve (and, where you opt in, the marketing use described in Section X). This license ends as described in Sections XI and XVIII.
Your consent is specific and in writing. Each Creator License is intended to satisfy applicable digital-replica and right-of-publicity laws (including California's digital-replica provisions / AB 2602 and the New York Fashion Workers Act) by describing the specific, approved uses of your digital replica. Your approval of a Creator License through the Platform is your written consent to those specific uses. We keep time-stamped records of each Creator License you approve, as described in Section XI.
Where Brands may run Variants. Brands may use Variants only on the channels, placements, and media permitted by the applicable Creator License. Where the Creator License does not specify channels, a Brand may run Variants on any lawful advertising channel consistent with the Approved Scope.
Reservation. You retain all right, title, and interest in your Likeness and Creator Materials, subject only to the licenses described here and in each Creator License. Ownership of the resulting Variants is addressed in Section VI.
Usage Guidelines. You may set Usage Guidelines, including excluded products and categories, attribution settings, and whether you require approval of each Variant before it is used. Neither Brands nor CreatorAPI may generate or use a Variant outside your Usage Guidelines. Where you have elected to approve Variants individually, a Brand may not publish, run, or otherwise use a Variant until you approve it.
Sensitive categories are opt-in. No Variant will be requested, generated, or used in any sensitive category that you have not opted into (for example, sexual or adult content, political or election content, alcohol, tobacco, cannabis, firearms, gambling, or medical or health claims).
Opt-out; five-business-day wind-down. You may revoke a Creator License, or a Brand's access, at any time. When you opt out, generation of new Variants under that Creator License stops, and CreatorAPI will instruct the Brand to stop using the affected Variants. Brands have agreed to use commercially reasonable efforts to withdraw and cease all further use of those Variants within five (5) business days of that instruction. You understand that Variants already served or delivered before withdrawal cannot be "un-served," and that this short, defined wind-down period exists to pull live advertising placements. After the wind-down period, the Brand may make no further use of Variants in your Likeness from the revoked Creator License, except to the extent that ownership or use of those Variants is governed by your separate agreement with the Brand (see Section VI).
Emergency single-Variant takedowns; two-business-day window. Separately from a full opt-out, you may flag a specific Variant that is defamatory, materially misrepresents you, or is causing you reputational or legal harm. When we notify the Brand of your flag, the Brand has agreed to stop using that specific Variant within two (2) business days of the notice while we review. This is faster than, and independent of, the five-business-day wind-down for a full opt-out.
Reformatting an approved Variant. You agree that a Brand may mechanically reformat a Variant within the same Approved Scope — aspect-ratio changes, length trims, captions, end cards, or adding the Brand's name, logo, or other Brand Materials for formatting purposes — without new approval, provided the change does not alter the substantive message of the Variant, your performance, or any endorsement it contains. Any change that creates a new performance, a new voiceover, or a new creative context, or that alters the substantive message, is a new use that requires a new or amended Creator License and your approval.
Attribution and credit. Where you set whether and how you are credited or named in connection with Variants, Brands have agreed to honor that setting.
No personal endorsement beyond the ad. Brands have agreed that Variants are advertisements, and not to represent or imply that you personally hold or have stated any opinion, or personally use or endorse any product, beyond your appearance in the approved advertisement.
Enforcing Brand obligations. You are an intended third-party beneficiary of the Brand Terms of Service provisions that protect Creators, including a Brand's obligations to stay within the Approved Scope, to honor your controls, and to indemnify you, and you may enforce them in your own name.
How engagements begin. A Brand may invite you to license your Likeness, or may discover your profile on the Platform and request to work with you. You may also send proposals to Brands. Your profile information (such as your name, handle, bio, photo, and links) is visible to Brands using the Platform so they can discover you and propose engagements.
Brand-provided Creator Materials. A Brand may upload or provide Creator Materials in connection with a proposed engagement. We hold those materials solely to present the proposed engagement to you and do not create a replica or generate anything from them unless and until you approve the applicable Creator License. If you decline the engagement, or do not approve it within 60 days, we delete them.
Your warranties about uploads. You represent and warrant that you own or control all rights in the Creator Materials you upload or provide, and that you have all rights, licenses, consents, and permissions necessary for CreatorAPI and its AI Providers to use them to generate and deliver Variants, and for the Variants to be run as advertising within the Approved Scope. Creator Materials must depict and voice only you, and must not include any other identifiable person, third-party music, or other third-party content unless you hold verified rights to it.
Deleting materials. You may delete individual voice samples and Creator Materials from your Account. Deletion does not affect Variants already generated and delivered under a Creator License you approved.
Your Likeness and Creator Materials. You retain all right, title, and interest in your Likeness and Creator Materials. Nothing in these Terms transfers ownership of your Likeness to any Brand or to CreatorAPI — Brands and CreatorAPI receive only the licenses described in these Terms and the applicable Creator License.
Generated Variants. As between you and the Brand, ownership of the Variants generated from your Likeness is negotiated outside the Platform and governed by your separate agreement with the Brand, not by these Terms. CreatorAPI does not determine, and claims no ownership of, the Variants; our rights are limited to operating the Platform and generating and delivering Variants within the Approved Scope, except any marketing use you and the Brand separately authorize under Section X. A Brand's use of any Variant remains subject at all times to the Approved Scope and your controls in Section IV, regardless of ownership.
Brand Materials. Brands retain all right, title, and interest in their Brand Materials. You receive no rights in Brand Materials under these Terms.
CreatorAPI's own property; Intellectual Property (Platform and Marks). The Platform and Services — including all software, source code, databases, designs, text, graphics, images, videos, audio, and other content we provide (collectively, "Artifacts"), and all CreatorAPI and Avail names, logos, trademarks, and service marks (the "Marks") — are owned by CreatorAPI and its licensors and protected by intellectual-property laws. Some components of the Platform are owned by our third-party licensors, who retain all right, title, and interest in their respective materials. Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, publicly display, sell, license, or otherwise exploit our Artifacts, use our Marks, or use or infringe any materials owned by our licensors, without the relevant owner's prior written permission. We and our licensors reserve all rights not expressly granted to you.
No fees to Creators. We do not charge you for creating an Account or for licensing your Likeness through the Platform.
Compensation is between you and the Brand. Your compensation for any engagement is arranged and paid directly by the Brand to you, outside the Platform, under your separate agreement with the Brand. Pricing, budget-share, or other commercial terms you or a Brand enter in a proposal on the Platform record what the parties intend; they do not make CreatorAPI a party to, or responsible for, any payment. CreatorAPI does not set, process, collect, remit, or guarantee your compensation, and a Brand's subscription to the Platform is not your compensation.
Taxes and status. You are responsible for all taxes on compensation you receive. You are not an employee, agent, or contractor of CreatorAPI.
You represent and warrant that: (1) you are the person depicted and voiced in your Creator Materials, and you own or control all rights in your Likeness and Creator Materials necessary to grant the licenses in these Terms and in each Creator License; (2) your Creator Materials and the licenses you grant do not and will not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights, or violate any law, regulation, or court order; (3) approving a Creator License will not breach any agreement you are bound by, including any exclusive talent, agency, management, endorsement, or brand agreement; (4) you will set Usage Guidelines and approvals that accurately reflect the uses you consent to; (5) you will comply with all applicable laws and advertising rules when you share or promote Variants yourself, including the U.S. Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and any required "#ad" or "sponsored" disclosures; (6) your Creator Materials are not directed to children under 13 years of age; and (7) you will not attempt to use the Platform to create synthetic media of any other person.
Union/guild obligations. If you are a member of, or your Likeness or performance is covered by, any union or guild (including SAG-AFTRA) or collective bargaining agreement, you are solely responsible, as between you and CreatorAPI, for determining whether and how you may participate in an engagement under it, and you represent that approving each Creator License does not violate it.
Variants are AI-generated synthetic media. You acknowledge that Variants are AI-generated synthetic reproductions of your voice and likeness, produced by our AI Providers from licensed Creator Materials within your Approved Scope, and that they may depict you saying or doing things you did not actually say or do, as scripted by the Brand within the Approved Scope.
No reuse beyond your consent. We will not use your Likeness, Creator Materials, or digital replica to seed engagements with other Brands, other creators, or other campaigns that you have not approved, and Brands have agreed to the same restriction.
Disclosure and labeling. Brands are responsible for any disclosure or labeling of AI-generated advertising required by law, regulation, or advertising-platform policy in the jurisdictions where they run a Variant. CreatorAPI will support such disclosure or labeling.
What we do and don't promise. CreatorAPI's consent-first framework is designed so that your Likeness is used only within the Creator Licenses and Usage Guidelines you approve. This is not an absolute warranty. We do not control how a Brand runs its campaigns or guarantee that every Brand will comply with its obligations, and our commitments are subject to the disclaimers in Section XX. If a Brand uses a Variant outside the Approved Scope or your Usage Guidelines, report it to us at team@creatorapi.ai; we may review and take appropriate action, including pausing generation, removing Variants, and suspending the Brand's account, and you retain your own rights against the Brand.
What CreatorAPI is. CreatorAPI provides the technology platform and acts as the licensing intermediary that connects Brands and Creators and generates Variants through its AI Providers. CreatorAPI provides the generation tool and consent framework, and is not a payment intermediary, talent agency, or manager. CreatorAPI is not a party to, and is not responsible for, the underlying advertising relationship, a Brand's campaign decisions, products, or claims, or a Brand's payment to you.
No guarantee of engagements or results. We do not guarantee that any Brand will invite you, propose an engagement, accept your proposal, or pay you, or that any Variant will be generated, approved, available, or achieve any particular result.
Your separate agreement with the Brand. Your engagement may also be governed by a separate agreement between you and the Brand, which controls the matters it expressly covers (such as ownership of Variants and compensation, as described in Sections VI and VII). These Terms govern your use of the Platform. You are responsible for resolving disputes with a Brand about that separate agreement directly, and CreatorAPI is not a party to it.
Our use of Variants in our own marketing. By default, CreatorAPI does not use Variants or your Likeness to market or promote CreatorAPI. We may do so only (a) with the authorization of the Brand that owns or controls the Variant, and (b) where the Variant identifiably features you, with your separate opt-in. Where both are given, you grant us a limited, revocable, royalty-free license to display that Variant to promote the Platform, which you may withdraw prospectively at any time.
Our Privacy Policy. Our Privacy Policy describes how we collect, use, and share information, and includes our Biometric Information Policy. By using the Platform and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Services are hosted in the United States; if you access them from another region, you consent to the transfer and processing of your data in the United States.
Biometric consent. Your voice, facial imagery, and likeness — and any digital replica or voice or likeness model generated from them — may constitute "biometric information" or "biometric identifiers" under laws such as the Illinois Biometric Information Privacy Act (BIPA), the Texas and Washington biometric statutes, and "sensitive personal information" under the California Consumer Privacy Act (as amended) and similar laws. We collect and process that information only as described in our Privacy Policy, and only with your informed, written release, given as a separate, affirmative act through your approval of each Creator License (and, where we require it, the recorded consent statement described in Section II).
What Brands receive. Brands receive your profile information and the finished Variants generated under Creator Licenses you approve. We do not give Brands your raw Creator Materials, source footage, voice or facial data, or digital replica, and Brands are prohibited from extracting, reconstructing, or reusing your Likeness or replica from a Variant, from using your information to train or fine-tune any AI or machine-learning model, and from retaining your biometric information, Creator Materials, or Likeness longer than needed for the approved engagement.
No training. We do not sell your biometric information, and we do not use your biometric information, Creator Materials, Likeness, or digital replica to train general-purpose AI or machine-learning models. Our AI Providers are contractually bound to the same restriction.
Deletion. When you close your Account, or withdraw consent such that no active Creator License remains, CreatorAPI will delete your biometric information and any digital replica or voice or likeness model across our systems, our backups, and our AI Providers within 15 days, except where the law requires longer retention, and no further Variants can be generated in your Likeness. CreatorAPI will instruct affected Brands to cease use of Variants per the Section IV wind-down and to delete any copies of your biometric information, Creator Materials, or Likeness in their possession, except for Variants whose ownership is governed by your separate agreement with the Brand.
Consent records. We retain the Creator Licenses you approved and the associated approval records for 7 years after the relevant engagement ends, solely as the legal record that consent was given and what it covered. That retention supports no further processing of your Likeness.
Sharing. We share information with Brands you approve, our AI Providers, identity-verification providers, and service providers as needed to operate the Platform and generate Variants within the Approved Scope, and as described in the Privacy Policy. Our AI Providers operate under their own terms; we are not responsible for their terms or practices.
We will maintain certain data that you transmit to the Platform for the purpose of managing the data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
"Confidential Information" means non-public information disclosed by one party (the "discloser") to the other (the "recipient") in connection with these Terms — through the Platform or otherwise — that, given its nature or the circumstances of disclosure, should reasonably be understood to be confidential, including a Brand's campaign plans, pricing, and Brand Materials not made public, and the non-public features of the Platform (which are CreatorAPI's Confidential Information).
Each party agrees to: (i) take reasonable steps to protect the discloser's Confidential Information from unauthorized use, access, and disclosure (at least as protective as the steps it takes for its own confidential information); (ii) not disclose it to any third party except to its employees, affiliates, representatives, and agents who need to know it to perform under these Terms and who are bound by confidentiality obligations at least as protective as these; and (iii) use it only to perform obligations or exercise rights under these Terms. Confidential Information does not include information that (a) is or becomes public through no fault of the recipient, (b) the recipient already knew without restriction, (c) the recipient rightfully obtained from a third party without restriction, or (d) the recipient independently developed without using the discloser's Confidential Information. A party may disclose Confidential Information if required by law or legal process, provided it gives reasonable advance notice where permitted.
You may not access or use the Services for any purpose other than that for which we make the Services available.
As a user of the Services, you agree not to:
We reserve the right, but not the obligation, to: (1) monitor the Platform and Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting them to law enforcement; (3) in our sole discretion and without notice or liability, refuse, restrict, limit, disable, or remove any of your Creator Materials, profile content, proposals, or Variants, or any content that is excessive in size or burdensome to our systems; and (4) otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Platform and Services.
To the fullest extent permitted by law, in no event will CreatorAPI or its directors, employees, or agents be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost compensation, or loss of data, arising out of or relating to these Terms or the Platform, even if advised of the possibility of such damages.
To the fullest extent permitted by law, CreatorAPI's total cumulative liability for all claims arising out of or relating to these Terms or the Platform will not exceed one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and you may have additional rights.
By you (Creator). You agree to defend, indemnify, and hold harmless CreatorAPI and its affiliates and their respective officers, directors, employees, partners, and agents from and against any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to: (1) your Creator Materials; (2) your breach of these Terms or of your representations and warranties, including any claim that your Creator Materials depict another person or that approving a Creator License breached an agreement you are bound by; (3) your violation of any law or any third-party right, including intellectual-property, privacy, or publicity rights; or (4) any dispute between you and a Brand. We will use reasonable efforts to notify you of any such claim and may assume the exclusive defense and control of any matter subject to your indemnification, at your expense, and you agree to cooperate.
By Brands. Under the Brand Terms of Service, each Brand has agreed to defend, indemnify, and hold harmless the applicable Creator from third-party claims arising out of the Brand's Brand Materials, products, services, or advertising claims, and the Brand's use of any Variant, including any use outside the Approved Scope or your Usage Guidelines.
By CreatorAPI. CreatorAPI will defend, indemnify, and hold you harmless from third-party claims to the extent they arise from CreatorAPI's own Platform technology infringing that third party's intellectual-property rights — except to the extent the claim arises from your Creator Materials, a Brand's Brand Materials or use of a Variant, or your breach of these Terms.
Term. These Terms apply while you use the Platform and remain in effect until terminated as described here.
Your termination. You may stop using the Platform or close your Account at any time from your Account settings or by contacting team@creatorapi.ai. Closing your Account revokes every Brand's access, cancels pending invitations and proposals, and triggers the deletion and Brand wind-down described in Sections IV and XI. It does not affect Variants whose ownership or use is governed by your separate agreement with a Brand, or any continuing obligations under that separate agreement.
Our suspension or termination. We may suspend or terminate your access to the Platform, or any engagement, if (a) you breach these Terms or any applicable law, (b) we are required to by law or by an AI Provider or service provider, or (c) we reasonably believe your continued use poses a legal, security, or reputational risk to us, a Brand, or others. Where practical and lawful, we will give you notice. If we terminate your Account, you may not re-register without our permission.
Effect of termination. On termination, your right to use the Platform ends, no further Variants can be generated in your Likeness, and your data is handled as described in Section XI. Provisions that by their nature should survive — including Ownership; Creator Representations and Warranties; Indemnification; Disclaimers; Limitation of Liability; Data, Privacy, and Biometric Information; Confidentiality; Dispute Resolution; and these termination provisions — survive.
Our Services are novel and will evolve. Unless we specifically state otherwise in a separate agreement with you, we reserve the right to temporarily or permanently modify, suspend, or discontinue the Platform, the Services, or your access at any time, in our sole discretion, without notice, and we will not be liable for any change, suspension, or discontinuation, to the maximum extent permitted by law. We have no obligation to update any information made available on the Platform or through the Services.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
The Platform, the Services, and all Variants are provided "as is" and "as available," and your use is at your sole risk. To the fullest extent permitted by law, CreatorAPI disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties about the accuracy or completeness of the Services.
Because Variants are generated by artificial intelligence, we do not warrant that they will be accurate, error-free, or free of unexpected or unintended content; that any Brand will comply with its obligations to you; that you will receive any engagement or compensation; or that the Platform will be uninterrupted or secure.
To the fullest extent permitted by law, we assume no liability or responsibility for any (1) errors, inaccuracies, or omissions in content; (2) personal injury or property damage arising from your use of the Services; (3) unauthorized access to or use of our servers or any information stored on them; (4) interruption or cessation of the Services; or (5) bugs, viruses, or similar harmful code transmitted through the Services by any third party.
We do not endorse, warrant, or assume responsibility for any third-party products, services, websites, or transactions — including any transaction between you and a Brand — except as expressly stated in these Terms.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to its conflicts-of-laws provisions.
Mandatory Arbitration. You agree to resolve any claims with us that arise out of or relate to these Terms or our Services, regardless of when the claim arose, even if before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation, or of any update to these arbitration terms within 30 days after the update takes effect, by mailing us at 333 Schermerhorn St, Ph51M, Brooklyn, NY 11217, Attn: Legal, and including (1) your name and address, (2) the email address associated with your Account, and (3) a clear statement that you want to opt out of these Terms' arbitration agreement. If you opt out of an update, the last agreed-upon arbitration terms apply.
Informal Dispute Resolution. Before either party files a claim, both you and Zestworld agree to try to resolve the Dispute informally — you by emailing team@creatorapi.ai, and we by emailing the address associated with your Account. If we cannot resolve a Dispute within 60 days, either party may initiate arbitration. Both parties agree to attend an individual settlement conference if either requests one during this time. Any statute of limitations is tolled during this process.
Arbitration Forum. If the parties cannot resolve the Dispute, either may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines a claim is frivolous. The activities described in these Terms involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration terms.
Arbitration Procedures. The arbitration will be conducted by videoconference if possible, or in person at a mutually agreed location, in the county where you reside, or as the arbitrator determines, unless the batch process applies. A sole arbitrator — a retired judge or an attorney licensed in New York — will resolve the Dispute, except that the state or federal courts of Kings County, New York have authority over disputes about enforceability, the validity of the class-action waiver, or requests for public injunctive relief. Settlement-offer amounts will not be disclosed to the arbitrator until after the final award. The arbitrator may grant dispositive motions.
Exceptions. This section does not require informal dispute resolution or arbitration of: (i) individual claims in small-claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services, unauthorized use of your Likeness, or intellectual-property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Zestworld agree that Disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited; only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after arbitration of the underlying claim. This does not prevent participation in a class-wide settlement. You and Zestworld knowingly and irrevocably waive any right to trial by jury.
Batch Arbitration. If 25 or more claimants represented by the same or coordinated counsel file demands raising substantially similar Disputes within 90 days of each other, NAM will administer them in batches of up to 50 claimants each, as a single consolidated arbitration per batch with one arbitrator, one set of fees, and one hearing. If any part of this provision is found invalid as to a claimant or batch, it will be severed and arbitrated individually.
Severability. If any part of these arbitration terms is found illegal or unenforceable, the remainder remains in effect, except that if a finding of partial illegality would allow class arbitration, a class action, or a representative action, this entire dispute-resolution section will be unenforceable.
These Terms and your use of our Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict-of-law principles. Venue for any dispute not subject to arbitration lies in the state and federal courts of Kings County, New York, and you consent to personal jurisdiction there.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. Supplemental terms or documents may be posted from time to time and are expressly incorporated by reference. We will alert you to changes by updating the "Last updated" date, and you waive any right to receive specific notice of each change. If you continue to use our Services after we post the updated Terms or otherwise notify you, you accept the updated Terms. If you do not accept them, you must stop using the Services. Changes to these Terms do not expand the scope of any Creator License you have already approved. Please check the applicable Terms each time you use the Service.
Accessing the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, INCLUDING YOUR APPROVAL OF EACH CREATOR LICENSE, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws that require an original signature, delivery, or retention of non-electronic records, or payments or credits by non-electronic means.
When using our Services, you agree to comply with and are subject to any guidelines, rules, or supplemental terms applicable to such Services that may be posted from time to time. To the extent we ask you to review and accept supplemental terms that expressly conflict with these Terms, the supplemental terms supersede these Terms for the portion of the Services they govern, solely to the extent of the conflict.
These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding their subject matter. These Terms may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction (including in connection with a merger, acquisition, or sale of assets).
Equitable relief. You acknowledge that the confidentiality provisions of these Terms protect significant business interests of CreatorAPI and Brands. You agree that (a) no adequate remedy exists at law if you breach the applicable sections of these Terms; (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) injunctive relief is the best remedy for any such breach. You waive any opposition to such injunctive relief and any demand that we prove actual damage or post a bond.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us, or between you and any Brand, because of these Terms or your use of the Services.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
No waiver by us of any term or condition will be deemed a further or continuing waiver, and our failure to assert a right or provision will not constitute a waiver of it.
We may comply with governmental, court, and law-enforcement requests relating to provision or use of the Services or to information provided or collected under these Terms, and we reserve the right to report content or Variants to law enforcement.
You may not export or provide access to the Services into any U.S. embargoed country or to anyone on (i) the U.S. Treasury Department's list of Specially Designated Nationals, (ii) any other restricted-party lists of the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted-party lists. You represent and warrant that you are not such a person and are not located in any such country.
Neither party will be liable for delays or failures to perform resulting from causes beyond its reasonable control.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Feedback") that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual-property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to any such Feedback and warrant that it is original to you or that you have the right to submit it. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback. Feedback does not include your Likeness or Creator Materials, which remain governed by Sections III and VI.
In order to resolve a complaint regarding our Services or to receive further information regarding use of the Services, please contact us at:
Zestworld Inc. 333 Schermerhorn St, Ph51M Brooklyn, NY 11217 United States Email: team@creatorapi.ai
By using our service, you agree to these Terms of Service. For questions, please contact us.