These Terms and Conditions (this “Agreement”, “Terms”) is between Create Ex Ltd (“us”, “System”, “Platform” or “CreateX”) and the user (“you”, “user” or “customer”) using our services “Services”. We give you access to our system that helps you create websites, and manage their content and customization as well as host services and domains. Listed below are the conditions for using our system. They are necessary to maintain good practice and to protect both parties.
1. Create an account
You must notify us immediately if you know or have reason to suspect that your account or password has been stolen, misappropriated or otherwise compromised, or in the event of actual or suspected unauthorized use of your account.
2. Your content
2.1. You are responsible for any content that is on your website, such as images, video, audio files, design elements, logos, fonts, text, etc. We are not responsible for your content. We are also not responsible for the content that is lost as a result of using CreateX. It is your responsibility to keep and regularly archive your content. We do not monitor what content has been used on a website and are not liable for any breach of the terms and conditions, but we have the right to delete such harmful content or even close an account if it exists.
2.2. You own all intellectual property associated with your accounts, such as images, video and audio files, design elements, logos, fonts, text, and any other materials and files created by you and existing on your website. You hereby grant CreateX the non-exclusive, royalty-free, non-assignable, interchangeable rights to your website content in order for CreateX to provide the CreateX Services to you.
2.3. We may choose to highlight or include your website on our website for marketing or promotional purposes. You grant us a perpetual, royalty-free, non-exclusive right and license to use any version of Your Sites or any portion of Your Sites, including, without limitation, names, trademarks, service marks or logos on Your Sites, for the limited purpose of CreateX’s marketing and promotional activities. For example, we may include your websites on our Designs page, in the Customers sections of our websites or on our social media profiles. You waive any claims against us relating to any moral rights, artistic rights or other similar worldwide rights that you may have in or to Your Sites or the names, trademarks, service marks or logos of Your Sites and any right of inspection or approval in any such use. You may cancel your participation by contacting us at email@example.com. This section does not affect any rights you may have under applicable data protection laws.
3. Your obligations
You represent and warrant that you are at least 16 years of age. People under the age of 16 are not allowed to use our services.
3.1. Do not provide your CreateX account login information to third parties.
3.2. Provide us with up-to-date, accurate and valid personal information at all times.
3.3. You own the rights to the content you upload to your website, including images, videos, audio files, design elements, logos, fonts, text and anything else you have the right to use.
3.4. The content of the materials you use may not be used illegally or abusively.
3.5. You must notify us immediately if you become aware of any unauthorised use of your account.
3.6. Your content must not be illegal, unlawful, threatening, abusive, harassing, tormenting, vulgar or obscene in any way, or violate anyone’s legal rights.
3.7. You may not send unsolicited messages (SPAM) or any unethical advertising of this kind that is considered “spam” or harmful in any way
3.8. You must not upload any viruses, worms, Trojan horses or other malicious code, files or programs that may interrupt, destroy or limit the features and services of CreateX.
3.9. You cannot upload content that contains fraud.
3.10. You may not attempt to hack, interrupt, or delete CreateX’s features and stability or attempt to use the system in any way.
3.11. You cannot use the system to create fraudulent websites and promotions with misleading content that may harm or deceive visitors.
3.12. You may not use CreateX to distribute, store, or in any way exploit the System for pornographic or adult content.
3.13. You represent and warrant that your use of the Services is not contrary to law, including without limitation any applicable export or import controls, regulations and penalties.
3.14. You may not in any way attempt to damage the reputation of CreateX and their partners by posting harmful comments, false or misleading product information, or any intentional damage to CreateX’s reputation.
3.15. You acknowledge and agree that if for any reason you are found guilty of violating any of these rules and obligations, it may result in immediate termination of your account without refund for services already paid for. You may be banned from having more accounts on the system in the future.
4. Third Party Services
Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you can interact with while using CreateX. An example of such services is the Payment Processor used to collect payments for your subscriptions. These Third Party Services may have their own terms and conditions and by using them, you will be governed by those terms and conditions. We do not control third party services and we are not responsible for third party services or any transactions you may enter into with them or their activities. Your security when using third party services is your responsibility. You also agree that at any time and in our sole discretion and without notice, we may suspend, disable access to, or remove Third Party Services. We will not be liable for any such termination, disablement or removal, including without limitation any loss of profits, revenue, data, goodwill or other intangible losses you may suffer as a result (except where prohibited by applicable law).
5. User Content
6. What we offer and our rights
CreateX provides a platform for building websites, templates (themes), third party website hosting and third party domain registration. The images used to create the theme templates are published under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). CreateX has no rights to the images used to create the themes.
We have the right to change parts or all of the services and features at any time, to remove or suspend part or all of the services and features, we have the right to suspend and terminate your account access to part or all of the services and to change the eligibility criteria for use of the services.
HTTPS certificates are issued to each properly connected domain to a CreateX website. You don’t have the option to disable HTTPS certificates, they are automatically set in all new domains connected to CreateX.
7. Trial period
CreateX provides a 14-day trial period for all newly created websites and you may use the services under the Agreement for the duration of those 14 days. Upon completion of these 14 days, the website will become inactive (expired) until the User subscribes to CreateX’s paid services. A trial period is allowed for you, the User, to be able to test and create a website you like before committing to a paid subscription. CreateX may terminate or cancel the trial subscription at any time for any reason. We may delete the content of any trial or expired website without notice. We are in no way responsible for any deleted content from a website built on the CreateX platform.
8. Service fees
Service fees apply when you sign up for CreateX’s paid services, which can be monthly or annual.
All fees are in BGN and include VAT.
Payment for the relevant fee is prior to your subscription period under the Contract.
You can upgrade or downgrade your subscription plan at any time. When upgrading, you will be charged for the difference between the two subscription plans for the additional services. Downgrade refunds apply to annual subscriptions only, up to 14 days after the subscription is made. NO refunds for monthly downgrades. When the annual subscription is reduced, the calculated amount will be refunded to you according to the actual service charges of the two subscription services. Downgrading may result in loss of information and services due to the difference between plans.
Refunds are only allowed for annual subscriptions and within 14 days of subscription. If the refund request comes from the User, the full amount paid will be refunded. The amount to be refunded may be subject to transfer fees, which will be charged to the User and transferred to the card used to pay the original subscription fees. Refunds are NOT applicable for “Combo Deals” or “Exclusive Deals” (custom design and development).
If the custom domain is prepaid with an annual subscription and the Customer cancels their services within the 14-day refund period, the full amount of the domain will be deducted from the refund.
At the end of the Contract Term, the Services will automatically renew for the same period of time until the AUTOMATIC RENEWAL is cancelled by the User. Cancellations must be made through the system and at least 24 hours before the end of the contract period. To cancel your services or automatic renewal, please do so by going to Dashboard > > and the desired option there.
If you purchase subscription services from CreateX, you consent to CreateX and third parties using and storing your credit/debit card information. You authorize us to charge you for any CreateX Services you may purchase and any applicable fees associated with the Payment Services. You will reimburse us for all collection costs and interest for late payments. If your payment card expires or you do not provide us with a new payment card or cancel your subscription, you authorize us to continue to charge you and you will remain liable for any uncollected charges.
You are responsible for the fair use of your website and may be charged for abnormal server usage or bandwidth on our unlimited subscription plans. You will be charged for the resources used by your website.
9. Cancellation of service
Failure to comply with CreateX’s terms and conditions or failure to pay fees due will entitle CreateX to cancel or terminate your services and website. You may cancel your services at any time without any cancellation by us. We are in no way liable for damages and losses caused by cancellation of services.
We reserve the right to modify, suspend or discontinue or discontinue, restrict or disable use of or access to any or all of the Services or their functionality at any time in our sole discretion and without notice.
You may terminate your services at any time without cause according to cancellation procedures.
If the terms of the Agreement are called into question, it may result in penalties or immediate termination of services without refund in any way.
Upon termination, CreateX has the right to delete any files, data or information associated with the suspended account.
11. Warranty and waiver
CreateX shall use reasonable efforts in accordance with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services and performs the Implementation Services in a professional and workmanlike manner. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CreateX or third-party vendors, or for other reasons beyond CreateX’s reasonable control, but CreateX will use reasonable efforts to provide advance wrote or email notice of any service interruption. However, CREATEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINFRINGED OR ERROR-FREE; NOR DOES CREATEX WARRANT THE RESULTS THAT MAY RESULT FROM THE USE OF THE SERVICES. EXCLUSIVE OR IMPLIED, INCLUDING BUT NOT LIMITED TO, LIMITED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IMMEDIATELY, WITH EXTREMELY DIFFERENT TERMS IN THIS SECTION THE SERVICES AND PERFORMANCE SERVICES ARE PROVIDED.
To the fullest extent permitted by law, you agree to indemnify and hold harmless CreateX and its affiliates and its and their directors, officers, employees, agents from and against all damages, losses, liabilities, costs, claims, demands, fines, expenses of any kind (including, without limitation, reasonable attorneys’ fees and costs) arising out of or relating to (a) your breach of this Agreement; (b) your User Content, your Sites, and your eCommerce; (c) any claims by or on behalf of your end users; (d) your violation of any law or rule or the rights or goodwill of any third party; and (e) any claims of taxing authorities in any country in connection with your eCommerce operations, including, without limitation, your sales to individual users (including remote sales) and other operations for which CreateX may be responsible. Your indemnification obligations under this section do not apply to the extent that you are directly caused by a breach of this Agreement, or where you are an EU consumer, to the extent that the consequences are not reasonably foreseeable.
13. Limitation of liability
You acknowledge and agree that, to the fullest extent permitted by applicable law, CreateX and its subsidiaries and its and their directors, officers, employees and agents shall not be liable in connection with any claim arising out of or relating to the Services or the Agreement for:
(a) any indirect, special, incidental, exemplary, punitive or consequential damages;
(b) loss of profits, revenue, data, goodwill or other intangible losses;
(c) any harm related to Your access to, use of, or inability to access or use parts, portions, or all of Your Account, Your Sites, or parts or all of the Services, including, without limitation, interruption of use or suspension or modification of any aspect of the Services;
(d) any damages related to the inability, degradation, loss, corruption, theft, unauthorized access to, or unauthorized alteration of any content, information or data, including, without limitation, User Content and Your Electronic Commerce Data;
(e) any User Content or other conduct or content of any user or a third party using the Services, including, without limitation, defamatory, offensive, or illegal conduct or content; or
(f) Third Party Services or Third Party Sites that you have accessed through the Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk representing in part the consideration for CreateX’s services, and such limitations will apply even if CreateX is advised of the possibility of such liabilities.
Changes to the Service. CreateX may make modifications and changes to existing services or components and will make substantial efforts to notify all Customers of such changes. The changes are effective from the date of the change. CreateX is not responsible for third party modifications or actions.
Changes to the Agreement and fees may occur, in which case you will be notified before those changes are applied to your account. If you refuse or fail to pay these fees, we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be eliminated or limited to the minimum extent necessary so that this Agreement will remain in legal effect. This Agreement may not be assigned, transferred or sublicensed by Customer except with the prior written consent of CreateX.
CreateX may assign and transfer all of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all prior written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications shall be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of this Agreement and Client has no authority to bind CreateX in any way.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to collect costs and attorneys’ fees. All notices hereunder shall be in writing and shall be deemed to have been duly given when received, if delivered in person; when receipt is confirmed electronically if sent by facsimile or electronic mail; the day after it is sent, if sent for next day delivery by left over from the night before; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by Bulgarian law without prejudice to its conflict of laws provisions.