Terms of Service
These Terms of Service (also referred to herein as the "Terms") constitute a binding agreement between You (as defined below) and Creator Exchange, Inc. ("Creator Exchange," "We," "Us," or "Our"), a California corporation. These Terms govern your access to and use of our Service(s) (as defined below). To the extent You enter into an Order Form referencing these Terms, these Terms and such Order Form(s) collectively comprise the "Agreement."
These Terms are effective as of the date You accept them by clicking a button or checking a box stating "I accept," "I agree," or similar language in reference to these Terms (or, if earlier, the date You begin accessing the Service(s)).
PLEASE READ THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS, YOU:
- ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS;
- AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION); AND
- IF YOU ACCEPT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ORGANIZATION.
1. Agreement Overview
These Terms of Service (also referred to herein as the "Terms") constitute a binding agreement between You (as defined below) and Creator Exchange, Inc. ("Creator Exchange," "We," "Us," or "Our"), a California corporation. These Terms govern your access to and use of our Service(s) (as defined below). To the extent You enter into an Order Form referencing these Terms, these Terms and such Order Form(s) collectively comprise the "Agreement."
2. Definitions
- Affiliate means any entity controlling, controlled by, or under common control with a party.
- Authorized User(s) means your employees, contractors, or representatives authorized to use the Service(s) on your behalf.
- Confidential Information means non-public information disclosed by one Party to the other, whether orally, visually, or in writing, designated as confidential or reasonably understood to be confidential.
- Estimates mean the revenue estimates and forecasted metrics provided as part of the Service(s).
- Order Form means any ordering document executed between you and Creator Exchange incorporating these Terms.
- Party means either You or Creator Exchange, and Parties means both.
- Roblox Platforms means the Roblox platform and related services on which games, experiences, and developer assets are published.
- Service(s) means Creator Exchange's website, dashboards, reports, downloadable data, and forecasting services related to Roblox games and experiences.
- Service Data means the content, forecasts, analytics, insights, text, media, and other data provided via the Service(s).
- Usage Data means information about Authorized Users' interactions with the Service(s).
- You or Your means the organization or individual accepting these Terms.
3. Access to and Use of Service(s)
3.1 Use Rights
We grant You a limited, non-exclusive, non-transferable, non-sublicensable right to:
- Access and use the Service(s) for your internal business purposes;
- View Service Data and Estimates via our dashboards;
- Download permitted Service Data if applicable to your Subscription tier.
All use must comply with these Terms and any applicable Order Form.
3.2 Restrictions
You shall not:
- Copy, modify, or create derivative works based on the Service(s) or Service Data;
- Reverse engineer, decompile, or disassemble any part of the Service(s);
- Sell, resell, sublicense, distribute, or otherwise make available the Service(s) or Service Data to any third party without express written consent;
- Use the Service(s) to build a competing product or service.
3.3 Free Tier Access
If you are provided access at no charge (a "Free Tier"), functionality may be limited and subject to change without notice.
4. Estimates and Revenue Forecasts
- Creator Exchange may provide revenue estimates and forecasts for Roblox games and experiences through the Service(s).
- These Estimates are for informational purposes only, and are not guarantees or assurances of actual future performance.
- All Estimates involve inherent uncertainties and Creator Exchange makes no representations or warranties regarding their accuracy, completeness, or suitability for your intended use.
- You agree that you use Estimates at your own risk.
5. Subscriptions, Fees, and Payment
- Subscription access to the Service(s) requires payment of applicable fees through Stripe or another approved processor.
- Fees are non-refundable except as required by law.
- Subscriptions automatically renew unless canceled prior to the renewal date.
- We reserve the right to modify pricing upon prior notice.
6. Confidential Information
Each Party agrees to protect the other's Confidential Information with reasonable care, and not to disclose it except as permitted by these Terms.
7. Proprietary Rights
Creator Exchange owns all right, title, and interest in and to the Service(s), Service Data, and related intellectual property. Except as expressly provided herein, no rights are granted to You.
8. Privacy
Your use of the Service(s) is subject to our Privacy Policy.
9. Third-Party Services
The Service(s) may contain links or integrations with third-party services (e.g., Stripe). Creator Exchange is not responsible for third-party services or content.
10. Beta Services
We may offer experimental or beta features at our discretion. Such Beta Services are provided "as is," without warranties, and may be modified or discontinued without notice.
11. Term and Termination
These Terms remain in effect until:
- Your Subscription is terminated;
- You cease using the Service(s);
- We terminate your access for violation of these Terms or applicable law.
Upon termination, your access to Service Data shall cease.
12. Disclaimers
THE SERVICE(S) AND SERVICE DATA ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE(S) OR SERVICE DATA WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- CREATOR EXCHANGE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
- OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO CREATOR EXCHANGE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
14. Indemnification
You agree to defend, indemnify, and hold harmless Creator Exchange from any claims, damages, liabilities, and expenses arising out of your use of the Service(s) or breach of these Terms.
15. Governing Law and Dispute Resolution
These Terms shall be governed by California law, without regard to conflict of laws principles. Any disputes shall be resolved exclusively by binding arbitration in California under the American Arbitration Association's rules.
16. Modifications to Terms
We may modify these Terms from time to time. Updated Terms will be posted on our website. Your continued use of the Service(s) constitutes acceptance of the updated Terms.
17. Contact Information
For any questions regarding these Terms, please contact us at: contact@creatorgames.io