Terms of Service

Agreement to Terms

Welcome to Creatly. These Terms of Service ("Terms") govern your access to and use of our website, services, and platform (collectively, the "Service"). By accessing or using Creatly, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service following any changes constitutes acceptance of those changes.

Description of Service

Creatly is an online marketplace that connects independent sellers of handmade, vintage, and artisan products with buyers seeking unique items. Our platform enables:

• Sellers to create shops and list products for sale
• Buyers to browse, purchase, and review products
• Communication between buyers and sellers
• Secure payment processing

Creatly acts as a venue for transactions between buyers and sellers. We are not a party to the transactions between buyers and sellers, nor are we the seller of any items listed on the platform.

Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use our services. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

Buyer Terms

As a buyer on Creatly, you agree to:

• Read product descriptions and shop policies before purchasing
• Pay for items you purchase promptly and in full
• Provide accurate shipping information
• Communicate respectfully with sellers regarding any issues
• Leave honest and fair reviews based on your experience

Payment Terms

All payments are processed through our secure payment system. By making a purchase, you authorize us to charge your chosen payment method for the total order amount, including product price, shipping, and applicable taxes.

Returns and Refunds

Return and refund policies are set by individual sellers. Please review each shop's policies before purchasing. Creatly may facilitate dispute resolution but is not responsible for enforcing seller return policies.

Seller Terms

As a seller on Creatly, you agree to:

• Only list items that you are legally permitted to sell
• Provide accurate and complete product descriptions
• Use your own original photos or photos you have rights to use
• Honor your stated prices, shipping times, and policies
• Respond to buyer inquiries promptly and professionally
• Ship orders within your stated processing time
• Comply with all applicable laws and regulations

Prohibited Items

The following items are prohibited on Creatly:

• Illegal items or items that promote illegal activity
• Weapons, ammunition, or explosives
• Drugs, drug paraphernalia, or controlled substances
• Counterfeit, replica, or knockoff items
• Items that infringe on intellectual property rights
• Hazardous materials
• Stolen goods
• Items that promote hate, violence, or discrimination

Fees and Payments

Sellers may be subject to listing fees, transaction fees, and payment processing fees as outlined in our Seller Fee Schedule. By using our platform, you authorize us to deduct applicable fees from your sales.

Intellectual Property

The Service and its original content, features, and functionality are owned by Creatly and are protected by international copyright, trademark, and other intellectual property laws.

Users retain ownership of content they create and upload to the platform. By posting content, you grant Creatly a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content in connection with operating the Service.

If you believe your intellectual property rights have been infringed, please contact us with details of the alleged infringement.

User Conduct

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe on the rights of others
• Harass, abuse, or harm another person
• Impersonate any person or entity
• Submit false or misleading information
• Upload malicious code or interfere with the Service
• Collect user information without consent
• Engage in any form of spamming
• Circumvent security measures or access restrictions

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Creatly does not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy or reliability of any information obtained through the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM:

• Your access to or use of (or inability to use) the Service
• Any conduct or content of any third party on the Service
• Any products purchased through the Service
• Unauthorized access, use, or alteration of your content

Creatly is a venue and is not responsible for the actions of buyers or sellers on the platform, including but not limited to product quality, shipping, or transaction disputes.

Indemnification

You agree to defend, indemnify, and hold harmless Creatly, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of or relating to your violation of these Terms or your use of the Service.

Dispute Resolution

We encourage buyers and sellers to resolve disputes directly through our messaging system. If you cannot resolve a dispute, please contact our support team for assistance.

Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation. If a dispute cannot be resolved informally, you agree to submit to the jurisdiction of the courts in the Republic of South Africa.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.