Terms of Service

Effective Date: March 14, 2026

Last Updated: March 14, 2026

Welcome to Creative Scale (the "Platform"), operated by Creative Scale LLC, a Florida limited liability company ("Creative Scale," "Company," "we," "us," or "our"). These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Platform located at app.creativescale.co, all associated subdomains, mobile applications, APIs, and any other services provided by Creative Scale (collectively, the "Services").

Creative Scale operates a two-sided marketplace that connects brands, including ecommerce companies running advertising campaigns, with content creators for the production of user-generated content ("UGC"). These Terms govern the rights and obligations of all Users of the Platform, including both Brands and Creators as defined herein. The Platform is available to users located anywhere in the world.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM AND SERVICES.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SEE SECTION 17), WHICH REQUIRE THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT OR THROUGH CLASS ACTIONS. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.

1. Definitions

For the purposes of these Terms of Service, the following capitalized terms shall have the meanings set forth below. Terms not otherwise defined herein shall have their plain and ordinary meaning.

"Brand" means any business, advertiser, or ecommerce company that registers on the Platform to create and manage content campaigns, regardless of the jurisdiction in which it is located or organized.
"Creator" means any individual content creator who registers on the Platform to apply for and fulfill content campaigns, regardless of their country of residence.
"Campaign" means a brand-initiated content project specifying deliverables, compensation, and requirements.
"Content" means any video, photo, written, or other creative material produced by a Creator in connection with a Campaign.
"Flat Fee" means the fixed compensation amount a Brand agrees to pay a Creator upon approval of their Campaign application.
"Commission" means performance-based compensation calculated as a percentage of sales attributed to a Creator's content via tracking links or discount codes.
"Service Fee" means the fee charged by Creative Scale to Brands, currently two percent (2%) of the Flat Fee, subject to change with notice.
"Escrow" means the temporary hold of Brand payment funds by Stripe, Inc. pending content delivery and approval.
"Stripe Connect" means the third-party payment processing infrastructure operated by Stripe, Inc. through which Creator payouts are disbursed.
"Third-Party Platforms" means TikTok, Meta (Facebook/Instagram), Shopify, and Stripe, among others, which are not owned or controlled by Creative Scale.

2. Eligibility

The Platform and Services are available only to individuals and entities that meet all of the following eligibility requirements. By accessing or using the Platform, you represent and warrant that you satisfy each of the following conditions:

Legal Capacity: You have the full legal capacity and authority to enter into a binding contract and to perform your obligations under these Terms.
Age Requirement: You are at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is older. The Platform is not intended for, and shall not be used by, individuals under the age of eighteen (18).
Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information to keep it accurate, current, and complete at all times.
No Prior Prohibition: You have not been previously suspended, removed, banned, or otherwise prohibited from using the Platform or Services by Creative Scale. Any attempt to create a new Account after being banned constitutes a material breach of these Terms.
Entity Authorization: If you are using the Platform on behalf of an entity, you represent and warrant that you are duly authorized by the entity to accept these Terms on its behalf and that the entity agrees to be bound by these Terms.

Creative Scale reserves the right, in its sole discretion, to refuse access to the Platform or Services to any individual or entity, at any time, for any reason or no reason, with or without prior notice. We may also impose additional eligibility requirements and may require identity verification at any time.

Users outside the United States acknowledge that Creative Scale is a U.S. company and that these Terms are governed by Florida law. Users in the European Economic Area are also subject to applicable GDPR rights and protections. Mandatory consumer protection laws in your local jurisdiction cannot be waived by these Terms.

3. Account Registration and Security

In order to access certain features of the Platform and to use the Services, you must create an Account by completing the registration process. By registering for an Account, you agree to the following terms and conditions:

Accurate Information: You agree to provide truthful, accurate, current, and complete information during the registration process and to promptly update your Account information to maintain its accuracy and completeness at all times.
Account Security: You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any other authentication factors.
Responsibility for Account Activity: You are fully responsible for all activities and transactions that occur under your Account, regardless of whether such activities were authorized by you.
Account Non-Transferability: Accounts cannot be shared, transferred, or sold. Creative Scale may require identity verification and suspend accounts pending verification.

You agree to immediately notify Creative Scale of any unauthorized use of your account at legal@creativescale.co. Creative Scale is not liable for any loss or damage arising from your failure to maintain account security.

4. Creator Obligations

This Section applies specifically to Users who register as Creators on the Platform. By registering as a Creator, you agree to the following terms in addition to all other provisions of these Terms.

4.1 Content Delivery

Creators must produce content meeting the specifications, quality standards, and deadlines outlined in the applicable Campaign Brief. Failure to deliver Content on time and in accordance with the Campaign Brief may result in cancellation of the Campaign and forfeiture of compensation.

4.2 Originality

All Content you submit will be original, created solely by you, and will not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.

4.3 FTC Compliance and Advertising Disclosures

Creators are solely responsible for compliance with advertising disclosure laws in their jurisdiction, including the Federal Trade Commission (FTC) Endorsement Guidelines. You must clearly and conspicuously disclose paid partnerships in all Content (e.g., "#ad," "#sponsored," or local equivalent).

4.4 Accuracy

You shall not make false, misleading, or deceptive claims about any Brand's products or services in your Content.

4.5 Platform Rules

Creators must comply with all applicable third-party platform terms of service and community guidelines when creating and distributing Content.

4.6 Tax Responsibility

Creators are solely responsible for all applicable taxes arising from their activities on the Platform. For U.S. Creators, Creative Scale will issue applicable tax forms (e.g., IRS Form 1099-NEC) as required by U.S. law.

4.7 Independent Contractor Status

You acknowledge that you are an independent contractor and not an employee, agent, partner, or joint venturer of Creative Scale. Nothing in these Terms shall be construed to create an employer-employee relationship between you and Creative Scale or between you and any Brand. As an independent contractor, you are not entitled to any employee benefits, and Creative Scale will not withhold any taxes from payments made to you.

5. Brand Obligations

This Section applies specifically to Users who register as Brands on the Platform. By registering as a Brand, you agree to the following terms in addition to all other provisions of these Terms.

5.1 Payment Obligation

You agree to pay all fees associated with approved Campaign applications, including Flat Fees, Service Fees, and Stripe processing fees, as displayed at the time of approval.

5.2 Campaign Accuracy

Brands must provide accurate Campaign descriptions, requirements, and specifications. You may not materially alter Campaign requirements after a Creator has been approved without the Creator's consent.

5.3 Product Sample Delivery

Brands are solely responsible for the timely shipment of required product samples to Creators. Creative Scale is not responsible for lost, damaged, or delayed shipments. Failure to deliver required samples does not excuse you from your payment obligations.

5.4 Content Approval

You must review and either approve or reject submitted Creator Content within fourteen (14) days of submission. If you fail to respond within fourteen (14) days, the Content shall be deemed approved.

Rejection of Content requires specific written explanations of how the Content fails to meet the Campaign specifications.

5.5 Content Rights

Upon approval of Content, Brands receive a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and publicly display such Content for marketing purposes, subject to any usage restrictions set forth in the Campaign terms.

This license does not permit modification of Content in ways that misrepresent the Creator's work or likeness.

5.6 Compliance

Brands must ensure that their use of Content complies with all applicable laws, platform advertising policies, and disclosure regulations.

6. Payment Terms

This Section governs all financial transactions processed through the Platform. All Users acknowledge and agree to the following payment terms and conditions.

6.1 Escrow and Payout Model

When a Brand approves a Creator application, the Flat Fee (plus Service Fee and Stripe processing fee) is immediately charged to the Brand's payment method. Funds remain in escrow via Stripe until content delivery and approval are complete. Upon approval or fourteen (14) day deemed approval, the Flat Fee transfers to the Creator's Stripe account.

Creative Scale is a software marketplace platform and does not hold, receive, transmit, or control any user funds at any time. All payment handling occurs through Stripe, Inc., a licensed financial services provider.

6.2 Fees and Subscription

The current fee structure includes:

2% Service Fee charged to Brands on Flat Fees.
2.9% plus $0.30 Stripe processing fee per transaction.
Subscription fees for Brand platform access.

Creative Scale reserves the right to modify its fee structure upon thirty (30) days' notice. Continued use of the Platform after fee changes take effect constitutes acceptance of the revised fees.

Brands may cancel subscriptions at any time from account settings. Cancellation takes effect at the end of the current billing period with no prorated refunds. Active campaigns continue under these Terms through completion.

6.3 Payment Failures

If a Brand's payment method fails, declines, or is charged back, the Brand remains solely liable for the full amount owed, including any fees, penalties, or costs incurred by Creative Scale.

Creative Scale may suspend accounts and campaigns pending resolution and may pursue collection through legal means.

6.4 Chargebacks and Disputes

Brands must contact Creative Scale at legal@creativescale.co before initiating any chargeback and must allow thirty (30) days for resolution. Initiating a fraudulent or bad-faith chargeback constitutes a material breach of these Terms and may result in account termination and legal action.

6.5 Refund and Cancellation Policy

Campaign Cancellation by Brand Before Creator Approval: Full refund, minus non-recoverable Stripe processing fees.
Campaign Cancellation by Brand After Creator Approval But Before Content Submission: The Flat Fee is forfeited and no refund will be issued.
Non-Delivery by Creator: If a Creator fails to deliver Content on time, Creative Scale will use commercially reasonable efforts to facilitate a refund to the Brand, minus Stripe processing fees, at Creative Scale's sole discretion.
Post-Approval Refunds: Flat Fee payments are non-refundable once Creator Content has been approved (including deemed approval).
Subscription Fees: Subscription fees are non-refundable except where mandatory law requires otherwise.

6.6 Creator Payouts

Creator payouts are processed through Stripe Connect. Creators must complete Stripe's identity verification process before receiving payouts. Payout timing follows Stripe's standard schedules, which may vary by account status and country.

International payouts may incur currency conversion fees and additional Stripe fees. Creative Scale bears no responsibility for delays caused by Stripe, banks, government authorities, or currency conversion processes.

6.7 Commission Tracking

The Platform may offer performance-based commission compensation tracked via unique attribution links, discount codes, or TikTok Shop integrations.

Creative Scale does not guarantee the accuracy of commission calculations and is not liable for tracking errors caused by third-party platform limitations, ad blockers, cookie restrictions, browser privacy settings, or other technical factors outside Creative Scale's control.

7. Third-Party Platform Integrations

7.1 TikTok

The Platform integrates with TikTok via TikTok's Login Kit API to retrieve Creator profile data, including username, follower count, engagement statistics, and video list.

By connecting your TikTok account, you authorize Creative Scale to access this data. Your use of TikTok is governed by TikTok's own Terms of Service and Privacy Policy.

Creative Scale is not responsible for TikTok's actions, data practices, API availability, policy changes, or regulatory status in any jurisdiction. TikTok may revoke API access at any time. Creative Scale bears no liability for functionality loss, data loss, or revenue loss resulting from TikTok changes or discontinuation.

7.2 Meta (Facebook and Instagram)

Brands may integrate Meta Ads and Instagram accounts for campaign management and performance tracking. Such integrations are governed by Meta's Terms of Service, advertising policies, and data use policies.

Creative Scale is not an official Meta partner and makes no representations regarding Meta's approval, availability, or performance of any advertising campaigns. Brands assume sole responsibility for compliance with Meta's platform policies and all applicable laws.

7.3 Shopify

Brands may connect their Shopify stores to the Platform via Shopify's OAuth integration for the purpose of syncing product catalogues, tracking orders, and attributing sales to Creator campaigns.

By connecting your Shopify store, you authorize Creative Scale to access Shopify data as described in the Privacy Policy. Your use of Shopify is governed by Shopify's own terms of service.

Creative Scale is not responsible for Shopify's actions, data accuracy, API changes, store performance, or any impact on your Shopify operations.

7.4 Stripe

All payment processing is handled by Stripe, Inc. By using the Platform, you agree to Stripe's Terms of Service available at stripe.com/legal. Creators additionally agree to the Stripe Connected Account Agreement available at stripe.com/legal/connect-account.

Creative Scale is not responsible for payment failures, delays, disputes, holds, account restrictions, or errors caused by Stripe, banking regulators, or financial institutions.

Creative Scale stores no payment card or bank account data. Stripe processes and maintains all such data in accordance with PCI DSS Level 1 standards.

7.5 General Third-Party Disclaimer

Creative Scale makes no representations or warranties regarding the availability, reliability, regulatory compliance, or performance of any third-party platform in any jurisdiction.

Platform functionality may change without notice due to third-party modifications. Creative Scale maintains integrations using commercially reasonable efforts but bears no liability for losses resulting from third-party changes, outages, regulatory action, or discontinuation.

8. Intellectual Property

8.1 Creator Content

Creators retain all ownership rights in the Content they produce. By submitting Content through the Platform, you grant Creative Scale a non-exclusive, worldwide, royalty-free license to display, reproduce, and promote your Content solely for the purpose of operating the Platform (e.g., displaying Content in brand-facing profiles, marketing the Platform).

You also grant the applicable Brand a license to use your Content as specified in the Campaign terms. This license survives termination of your account with respect to Content already delivered and approved.

8.2 Platform IP

All rights, title, and interest in the Platform, including its software, design, trademarks, logos, and content created by Creative Scale, are owned exclusively by Creative Scale LLC. You may not reproduce, distribute, modify, create derivative works of, or commercially exploit any Platform IP without express written consent.

8.3 Feedback

If you provide Creative Scale with suggestions, ideas, or feedback about the Platform, you grant Creative Scale an irrevocable, perpetual, worldwide, royalty-free right to use, implement, and commercialize such feedback for any purpose without compensation or attribution.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited conduct. Violation of any of these prohibitions constitutes a material breach of these Terms and may result in immediate suspension or termination of your Account.

Use the Platform for any unlawful purpose or in violation of any applicable law or regulation in any jurisdiction.
Provide false, misleading, or fraudulent information in your account, any Campaign, or any communication with Creative Scale.
Circumvent or attempt to circumvent the Platform's payment system, including by arranging off-platform payments to avoid Service Fees.
Submit Content that contains child sexual abuse material, graphic violence, hate speech, defamatory material, or content that violates the rights of any third party.
Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform.
Use automated bots, scrapers, crawlers, or data harvesting tools to access the Platform without authorization.
Harass, threaten, intimidate, or harm other users of the Platform.
Attempt to gain unauthorized access to other users' accounts or Platform systems.
Engage in any activity that disrupts, overloads, or impairs the Platform's infrastructure or performance.
Create multiple accounts for the purpose of circumventing bans, restrictions, or review processes.
Use the Platform in connection with any product or service that violates U.S. export controls, OFAC sanctions, or equivalent laws in your jurisdiction.

10. DMCA Notice and Takedown Procedure

Creative Scale respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). Creative Scale is an online service provider providing hosting for user-submitted Content and is not the publisher or author of such Content. If you believe that Content on the Platform infringes your copyright, you may submit a written DMCA takedown notice to our designated copyright agent.

Designated DMCA Agent: Creative Scale LLC — Copyright Agent, Email: legal@creativescale.co, Subject Line: "DMCA Takedown Notice"

10.1 Required Elements of a Valid Takedown Notice

Your notice must include:

A physical or electronic signature of the copyright owner or authorized agent.
Identification of the copyrighted work claimed to have been infringed.
Identification of the allegedly infringing material on the Platform and sufficient information for us to locate it.
Your contact information (name, address, telephone number, email).
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or applicable law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

10.2 Counter-Notification

If you believe that Content was wrongly removed, you may submit a counter-notification to legal@creativescale.co including:

Your physical or electronic signature.
Identification of the removed Content and its previous location.
A statement under penalty of perjury that you have a good faith belief the Content was removed by mistake or misidentification.
Your name, address, telephone number, and consent to the jurisdiction of the federal court for your district (or Miami-Dade County, Florida if outside the U.S.).

Creative Scale will forward valid counter-notifications to the original complainant.

10.3 Repeat Infringers

Creative Scale will terminate the accounts of users who are determined, in Creative Scale's sole discretion, to be repeat infringers of third-party intellectual property rights.

11. Force Majeure

Creative Scale shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond Creative Scale's reasonable control, including but not limited to:

Acts of God, natural disasters, pandemic or public health emergencies.
Fire, flood, earthquake, or severe weather events.
Acts of war, terrorism, or civil unrest.
Actions of government authorities, regulatory bodies, or courts.
Internet infrastructure failures or widespread network outages.
Failures or outages of third-party platforms or services on which the Platform depends (including Stripe, TikTok, Meta, Shopify, Vercel, Supabase, or cloud infrastructure providers).
Power outages.
Strikes or labor disputes.
Any other event that could not have been reasonably prevented or anticipated.

In the event of a Force Majeure event, Creative Scale will: (a) promptly notify affected users to the extent reasonably practicable; (b) use commercially reasonable efforts to resume performance as soon as practicable; and (c) not be liable for any losses, damages, or expenses arising from such delay or failure. Funds held in escrow by Stripe during a Force Majeure event remain subject to Stripe's terms and applicable financial regulations.

12. Platform Availability

Creative Scale does not guarantee uninterrupted, error-free operation of the Platform. The Platform may be unavailable due to scheduled maintenance, emergency repairs, third-party outages, or circumstances beyond Creative Scale's control.

Creative Scale will use commercially reasonable efforts to provide advance notice of planned downtime but is not obligated to do so for emergency maintenance. Creative Scale is not liable for any loss or damage arising from Platform unavailability, data loss, or service interruptions.

13. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ACCURACY. CREATIVE SCALE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

CREATIVE SCALE MAKES NO GUARANTEE THAT CREATORS WILL EARN ANY SPECIFIC INCOME, THAT BRANDS WILL ACHIEVE ANY SPECIFIC CAMPAIGN RESULTS OR ADVERTISING PERFORMANCE, THAT ANY MATCH BETWEEN BRANDS AND CREATORS WILL BE SUCCESSFUL, OR THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS. ALL EARNINGS ESTIMATES AND PERFORMANCE PROJECTIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL ADVICE.

CREATIVE SCALE IS AN INTERACTIVE COMPUTER SERVICE PROVIDER AND IS NOT THE PUBLISHER OR SPEAKER OF ANY USER-SUBMITTED CONTENT. CREATIVE SCALE DOES NOT ENDORSE ANY USER-SUBMITTED CONTENT AND IS NOT LIABLE FOR SUCH CONTENT UNDER APPLICABLE LAW, INCLUDING THE COMMUNICATIONS DECENCY ACT (47 U.S.C. § 230) AND EQUIVALENT APPLICABLE LAW.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE SCALE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF CREATIVE SCALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CREATIVE SCALE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO CREATIVE SCALE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, INCLUDING FOR CONSUMERS IN THE EUROPEAN UNION OR OTHER JURISDICTIONS WITH MANDATORY CONSUMER PROTECTION LAWS, CREATIVE SCALE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

15. Indemnification

You agree to indemnify, defend, and hold harmless Creative Scale LLC and its officers, directors, employees, agents, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your use of or access to the Platform.
Your violation of these Terms.
Your violation of any applicable law or third-party right, including any intellectual property right, privacy right, publicity right, or advertising regulation.
Any Content you submit, post, or transmit through the Platform.
Your interactions with other users of the Platform.
Your use of any third-party platform in connection with the Services.

16. Termination

Creative Scale reserves the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms.
Fraudulent, abusive, or illegal activity.
Failure to pay amounts owed.
Repeated copyright infringement.
Inactivity for an extended period.

Upon termination, your right to use the Platform immediately ceases. You remain liable for all amounts owed prior to termination. Provisions that by their nature should survive termination will survive, including Sections 6, 7, 8, 10, 13, 14, 15, 17, 18, and 19.

17. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

17.1 Informal Resolution

Before initiating any legal proceeding, you agree to contact Creative Scale at legal@creativescale.co and attempt to resolve the dispute informally for a period of thirty (30) days from the date of written notice.

17.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as otherwise set forth herein. The arbitration shall be conducted in Miami-Dade County, Florida, or by video conference at either party's election. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND CREATIVE SCALE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

17.4 International Users

Users located outside the United States acknowledge that they are contracting with a U.S. entity and agree to arbitration in Miami-Dade County, Florida. Mandatory consumer protection laws in your local jurisdiction may apply and cannot be waived by this arbitration agreement.

17.5 Exceptions

Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm. Claims of intellectual property infringement may be brought in court.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws principles. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any disputes not subject to arbitration.

For users located outside the United States, mandatory applicable consumer protection laws in your local jurisdiction may also apply and are not displaced by this choice-of-law clause to the extent prohibited by applicable law.

19. Changes to Terms

Creative Scale reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending an email notification to your registered address or displaying a prominent notice within the Platform.

Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform immediately.

20. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Creative Scale with respect to the Platform and supersede all prior agreements, understandings, and representations.
Electronic Signatures: By accessing or using the Platform, you agree that your use constitutes an electronic signature within the meaning of the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any equivalent applicable law in your jurisdiction. Electronic acceptance of these Terms is legally binding to the same extent as a physical signature.
Notice: All formal legal notices to Creative Scale must be sent via email to legal@creativescale.co with clear identification of the subject matter. Notices are deemed received upon confirmation of delivery. Creative Scale may provide notices to you at your registered email address.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
No Waiver: Creative Scale's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without Creative Scale's prior written consent. Creative Scale may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without restriction.
Export Controls and Sanctions: You represent that you are not located in, organized under the laws of, or a national of any country subject to U.S. embargo or OFAC sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree not to use the Platform in violation of U.S. export control laws or regulations.
Platform as Intermediary: Creative Scale is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). Creative Scale is not the publisher, editor, or speaker of any user-generated content submitted through the Platform and has no editorial control over such content prior to submission.

21. Contact Information

Creative Scale LLC, Florida Limited Liability Company

General & Legal: legal@creativescale.co
Privacy: privacy@creativescale.co
DMCA Agent: legal@creativescale.co
Website: creativescale.co