Last modified 04/16/2024 with an effective date of 04/16/2024

Thank you for your interest in Creamind Inc. ("Creamind," "we," or "us"), our website, Creamind.me, and any associated websites, networks, applications, mobile applications, and other services we offer. Each of these terms is described below. Regarding your use of the app, these Terms of Use constitute a binding agreement between you and Creamind.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

UPON CLICKING "I ACCEPT," DOWNLOADING, INSTALLING, OR USING THE SERVICE IN ANY OTHER WAY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS, WHICH INCLUDE CREAMIND'S PRIVACY POLICY, AND THAT YOUR USE OF THE SERVICE IS SUBJECT TO THEM. Together, these terms and conditions are referred to as the "TERMS." We will not let you to use the service if you are ineligible or if you disagree with the Terms. CREAMIND AND YOU AGREE TO BE BOUND BY THESE TERMS BY YOUR USE OF THE SERVICE AND CREAMIND'S PROVISION OF THE SERVICE TO YOU.

NOTICE OF ARBITRATION/WAIVER OF CLASS ACTION: YOU CONSENT THAT ANY DISAGREEMENTS THAT MAY ARISE BETWEEN YOU AND CREAMIND WILL BE SETTLED THROUGH BINDING ARBITRATION, INDIVIDUAL ARBITRATION (WHICH INCLUDES CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS), AND YOU RENOUNCE ANY RIGHT TO TAKE PART IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR JURY TRIAL. THESE TERMS EXPLAIN CERTAIN EXCEPTIONS AS WELL AS HOW TO CHOOSE NOT TO ARBITRATE. BY ACCEPTING THESE TERMS, YOU HEREBY DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND TAKEN THE TIME TO CAREFULLY CONSIDER THE IMPLICATIONS OF THIS SIGNIFICANT DECISION.

Creamind Service Overview

Creamind offers an alternative communication experience to prevent the accumulation of contact addresses of public figures [“Creator”] and to increase the visibility of Fans who want to reach these people. By purchasing the various services offered by Creators, Fans can communicate, consult or arrange face-to-face meetings with Creators.

Accounts and Registration

To gain full access to Creamind, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by (a) emailing us at [email protected] or (b) submitting a support at      https://www.creamind.me/submit-a-ticket .

Users who will register to Creamind must be at least 18 years old. By agreeing to these Terms, you represent and warrant to us that; (a) you ar at least 18 years; (b) you have not previously suspended or removed from the Creamind; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

To be able to use Creamind as an Creator follow these steps; 

Sign Up to Creamind app,

Click “Become a Creator” section located in home page,

Set your username and claim your unique link,

fill in the requested information about you in the must-fill boxes.(Such as; identifiable photo, name, bio, specialization topic etc.)

Verify your account through your Instagram profile.

Complete your phone number and email address for notifications.

Creator Services

Creator Services are the overall set of services that Fans can find on Creators' pages. Following are the definitions regarding the general user guide and terms of use of the Creator Services. These definitions and all kinds of documents regarding the use and rules within the Creamind website are considered as annexes to this agreement and are a whole together.

Single Reply :

A message model consisting of a single question and an answer asked by Fans to Creators about their area of expertise.

For Creators, to add Single Reply Service on your page, go to the “Create Service” section. Fill in the fields “Title”, “Short Description”, “Currency”, “Amount”, “Pay What You Want”, “Promised Response Time”.

For Fans, select Single Reply (Or the related Service Title determined by the Creator) service in Creator’s page, fill in the “Name”, “Email”, “Your Question”, “Phone Number” and “Credit Card Information (via secure third party payment processor) fields.

The Creator must respond to the Fan's question within the committed response time set by the Creator. Otherwise, he/she will not be entitled to the fee determined by him/her.

As soon as the service purchase is made, the payment will appear as “Pending” and will revert to “Confirmed” if a response is received.

If the Creator does not respond to the question posed within the promised response time, the payment made by the Fan will be refunded.

Chat Conversations :

A messaging model that allows Fans and Creators to chat about topics related to the Creator's areas of expertise.

For Creators, to add Chat Service on your page, go to the “Create Service” section. Fill in the fields “Title”, “Short Description”, “Currency”, “Amount”, “Pay What You Want”.

For Fans, select Chat (Or the related Service Title determined by the Creator) service in Creator’s page, fill in the “Name”, “Email”, “Your Message”, “Phone Number” and “Credit Card Information (via secure third party payment processor) fields.

Chat Service is not bound by a time limit. The Creator is authorized to end the conversation at any time.

As soon as the service purchase is made, the payment will appear as “Pending” and will revert to “Confirmed” if a Chat conversation begins.

If messages are not answered within 30 days and no chat conversation is begun, the Fan will be refunded.

Extra purchases can be made within this service. Examples of these are “Sending Paid Gifts”, “Paid File Unlocking”, “Switching to 1-1 Video Call Service”.

1-1 Video Calls :

A communication model that allows Fans and Creators to video chat on topics related to the Creator's areas of expertise.

For Creators, before adding 1-1 Video Call Service on your page, you must determine the “Timezone”, “Availability Window”, “Reminder Notification”, “Minimum Time Required Before Reservation”, “Available days and times” settings. After determining the aforementioned settings, to add 1-1 Video Call Service on your page, go to the “Create Service” section, fill in the fields “Title”, “Short Description”, “Duration”, “Currency”, “Amount”, “Pay What You Want”.

For Fans, select 1-1 Video Call (Or the related Service Title determined by the Creator) service in Creator’s page, view Creator's availability calendar and choose a time that is suitable for you. After that, fill in the “Name”, “Email”, “Your Message”, “Phone Number” and “Credit Card Information (via secure third party payment processor) fields.

The booking is created when the Creator confirms the reservation from the Video Call tab on their dashboard.

The video call is initiated at the set date and time.

As soon as the service purchase is made, the payment will appear as “Pending” and will revert to “Confirmed” if the Video Call commenced.

If the Creator does not attend the Video Call at the appointed time, the payment will be returned to the Fan.

If the Fan does not attend the Video Call at the appointed time, no refund will be given.

Meetup :

A meeting model that allows Fans and Creators to meet at a location of their choice to discuss and/or receive services related to the Creator's areas of expertise.

For Creators, to add Meetup Service on your page, go to the “Create Service” section. Fill in the fields “Title”, “Short Description”, “Location”, “Service Time (Optional)”, “Duration”, “Currency”, “Amount”, “Pay What You Want”.

There are 2 types of Meetup Services;

Pre-scheduled Meetup Services, which are for the events that are scheduled by the Creator.

For Fans, select Meetup (Or the related Service Title determined by the Creator) service in Creator’s page, view Creator's event calendar and choose a time that is suitable for you. After that, fill in the “Name”, “Email”, “Your Message”, “Phone Number” and “Credit Card Information (via secure third party payment processor) fields.

Nonscheduled Meetup Services, which are for the events that are scheduled by the Parties.

For Fans, select Meetup (Or the related Service Title determined by the Creator) service in Creator’s page, fill in the “Name”, “Email”, “Your Message”, “Phone Number” and “Credit Card Information (via secure third party payment processor) fields.

If the service is a Pre-scheduled Exclusice Service, it  is automatically deactivated after this date has passed.

After the purchase, Creator and Fan can discuss the details of the service via Chat Conversations panel.

A video call of at least 30 seconds prior to the meeting is mandatory for the parties to confirm each other.

When the parties agree on the calendar, the Creator creates the appointment in the calendar. If Creator refuses to provide the service, the Fan will be refunded.

If the Creator doesn’t show up at meeting place, the Fan will be refunded.

If the Fan doesn’t show up at meeting place, no refunds will be made.

When the parties meet at the specified location, they confirm the physical meeting by pressing the “Confirm Meeting” button on the application.

Regarding the services provided by the Creators listed above, Creamind does not make any commitment regarding the content, quality of the service, whether it meets the Fan's expectations. The parties agree that Creamind's sole duty and responsibility is to mediate the communication between the parties.

In-App Purchases 

Certain features of the service may require you to pay fees. All fees are in the currencies provided on the Creamind website and, except as expressly provided by applicable law, are non-refundable. Fees for Creators Service will be freely set by the Creators in accordance with the base prices.

Sending Gifts: Fans can send gifts published on Creamind to the Creators they want to communicate with. These gifts can be digital objects on the platform or related to campaigns that can be provided within the scope of Creamind's collaborations. Creamind is authorized to determine the amounts of these gifts.

All fees are collected by Creamind via safe third-party payment processors. PayPal and other credit cards are among the payment options that our third-party payment processors allow, as shown on the relevant payment screen.

These payment options could change. Your provided information to our payment processors is subject to the privacy policies and terms and conditions of each of our third-party payment processors; it is neither held by us nor under our control. Payment processing fees may be imposed by third-party processors, and Creamind is not liable for any costs these processors may levy. With relation to any costs or issues you encounter with third-party payment processors, Creamind disclaims all liability.

Review System

Our review method for Creator Services, which gives our community information about Service decisions and candid input to help Creators and Fans grow, is one way Creamind builds trust between Creators and Fans.  The purpose of our reviews policy is to assist guarantee that the input submitted via our review system is genuine, reliable, and beneficial to our community.

 Reviews ought to be objective and include pertinent details that represent the reviewer's real experience with the service.

In an effort to sway a review, users of the Creamind community are not allowed to push, threaten, extort, threaten, incentivise, or manipulate another individual. Examples of such methods include offering payment in return for a favorable review or threatening repercussions in the event of a poor review.

 It is forbidden to give or withhold reviews in return for something of value, such as a discount, reimbursement, reciprocal review, or a pledge not to act negatively against the reviewer.  Additionally, they cannot be used in an effort to trick or mislead Creamind or another individual.  For instance, fans shouldn't retaliate against a creator who upholds a guideline or policy by writing untrue or biased reviews.

Only in relation to a Service may reviews be given.  For instance, creators are prohibited from using a second account to leave a review for themselves, accepting a fake Service in exchange for a nice review, or conspiring with others to tamper with the review system.

 It is forbidden to utilize reviews to undermine competition.  Creators are prohibited, for instance, from posting unfavorable evaluations of listings with which they are associated or directly compete.

Reviews must provide pertinent details about the reviewer's interactions with the Creator, Fan, and Service in order to assist other users in making well-informed decisions regarding the Service.

Get in touch with us to report a review that violates this agreement. We have the right to delete any review that breaches this agreement, including with any related ratings and other content.  We only remove reviews where there is a blatant breach of this agreement, and we take this very seriously.  We may also limit, suspend, or delete the related Creamind account, depending on the type of infraction.

 Depending on local laws, this policy may be implemented differently in different locations.

We do not typically adjudicate arguments regarding the veracity of reviews, even though we want all community members to publish reviews that accurately reflect their experiences.  Rather, we let people reply to reviews on our site.

You can get in touch with us to ask for a review you wrote to be taken down once it has been published.

Payments To Creators

Creators are free to determine the fees for their services in accordance with the minimum fees set by Creamind.

In return, Creamind deducts a commission that is published on the website, excluding taxes, from the payments made by Fans.

All Creators' earnings are credited to their account on third-party payment processors and can be transferred to Creators' designated bank accounts.

Recommendations

Creamind sometimes provides suggestions to Fans about Creators on the Creamind app that the Fan would find interesting using automated procedures and algorithms, such as artificial intelligence. The following factors are taken into consideration while making these suggestions, at least in part:

The location which the Fan is engaging with the service;

Interests of the Fan;

When the Fan’s account was created;

Phone contact list and social media contacts if permission is given by Fan;

Prohibited Uses

BY USING CREAMIND YOU AGREE NOT TO:

use Creamind for any illegal purpose or in violation of any local, state, national, or international law; such as,

inciting, encouraging, or promoting violence, racism, hatred, or religious persecution,

Promoting, facilitating, or directing others to commit crimes, commit fraud, or sell hazardous or dangerous products,

Encouraging, promoting and making sales of illegal drugs/illicit substances, steroids etc, and related drug paraphernalia, unlicensed weapons, firearms and ammunition, government ID's or documents, prostitution, stolen goods including digital and virtual goods, High Risk File hosting/sharing and cyberlockers,

Any action to defraud other users, (for example through pyramid or ponzi schemes, matrix programs, online trading services, illegal gambling business, betting, penny and reverse auctions)

actions that may violate the intellectual property rights of third parties (such as; violate any legally registered trademarks or copyrights, or engage in any other form of intellectual property infringement; distribution of software, videos, music, and other goods without a license from the owner of the copyright or another approved entity; The dissemination of fake goods and goods without certifications; Any further products that are limited or forbidden by applicable laws and/or users' personal laws)

harass, threaten, demean, embarrass, or otherwise harm any other user of the Creamind;

violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

interfere with security-related features of the Creamind app, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Creamind app except to the extent that the activity is expressly permitted by applicable law;

interfere with the operation of the Creamind app or any user’s enjoyment of the Creamind, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Creamind; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Creamind app;

perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Creamind account without permission;

Creamind maintains the right to keep an eye on and examine any data you send at any moment in order to find any instances of improper usage of the software and service. If Creamind determines that your use of the Service and the Software is related to banned usage, Creamind also retains the right to immediately prohibit you from using Creamind app.

Licenses

Your Rights. Creamind does not claim rights to the information you provide for your Creamind App account or through our services. You must have the necessary rights to the information you provide for your Creamind account or through our services and the right to grant us the rights and licenses in our Terms and Conditions.

The Rights of Creamind. Creamind is the owner of all copyrights, trademarks, brands, domain names, logos, trade dress, trade secrets, and other intellectual property rights related to our services. Except with Creamind's express consent and in compliance with trademark regulations, you are not permitted to utilize any copyrights, trademarks (or similar marks), domain names, logos, trade dress, trade secrets, patents, or other intellectual property rights.

License You Grant to Creamind. For the operation and provision of the Services, you grant Creamind an international, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from display and perform the Services or information (including content) that you upload, submit, store, send or receive through the Services. The rights you grant in this license are for the limited purpose of operating and providing the Services (e.g., allowing us to display your profile picture and status message, transmit your messages and provide other features described in our Privacy Policy).

Creamind's License to You. Subject to and in accordance with our Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use our services. This license is solely for the purpose of enabling you to use our services in the manner permitted by our Terms. Except for the licenses and rights expressly granted to you, no licensesr or rights are granted to you by implication or otherwise.

Intellectual Property,

All of the contents (such as, texts, graphics, photographs, user interfaces, musics, sounds, videos, trademarks, logos, icons, artworks, software, codes etc.) and the form of these contents presentations that are presented on the Creamind App are owned by or licensed by Creamind. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.

Subscriber may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Creamind App or contents presented (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose without the written permission of the Creamind or as permitted by applicable laws.

The intellectual property rights on the records, transactions, information, documents and reports existing in the physical or digital environment to be created during the usage of the Creamind App shall belong to the user, without prejudice to the intellectual property rights on the software used therefor.

User acknowledges and declares in advance that the intellectual property rights on all kinds of software, applications and codes produced by Creamind for the performance of the Creamind App belong to Creamind.

Disclaimer of Warranties

Subscriber agrees in advance that;

Use of the Creamind app at his or her sole risk,

Creamind do not warrant the Creamind App will be uninterrupted or error free,

Creamind do not make any warranty as to the results that may be obtained from use of the Creamind App, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the Creamind App.

The Creamind App is provided on an “as is” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.

Changes to the Creamind App

Creamind may change or discontinue any aspect, service or feature of the Creamind App at any time, including, but not limited to, content, availability, and equipment needed for access or use.

Limitation of Liability

To the fullest extent permissible by applicable law, in no event shall the Creamind be liable to User for any lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Creamind App or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Creamind App, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Creamind App. 

User agrees that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if the Creamind or future parent or affiliated companies have been advised of the possibility of such loss or damage.

Without limiting the generality of the foregoing, User also specifically acknowledge that the Creamind or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Creamind App or any other third parties.

Creamind disclaims that any and all liability of any kind for any unauthorized access to Users’ use of your personally identifiable information. By accessing the Creamind App, User acknowledge and agree to Creaminds’ disclaimer of any such liability. It is advised that if the User do not agree the terms of Creamind, User should not access or use the Creamind App.

Indemnification

By agreeing this terms, it is assumed that you know that you are sole responsible by the usage of the Creamind App. In this respect, you agree that to indemnify and hold harmless the Creamind against all claims and expenses arised from third parties demands. Creamind reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide asistance as is reasonably requested by Creamind.

Waiver

No failure or delay by the Creamind to demand compliance with a condition arising from agreement, or the non-exercise or delay in exercising of any contractual right or legal remedy arising herefrom, shall operate as a waiver of such right or legal remedy or of other rights or legal means. No conclusion of waiver may be reached unless the relevant party expressly waives such rights provided thereto. Creamind’s waiver of any right or legal remedy is limited only to the particular situation and event.

Severability

In the event that any part of the agreement is deemed illegal or invalid, such illegality or invalidity shall not affect the other provisions of the agreement which shall continue to be valid and binding on the parties.

Miscellaneous

These Terms and any rules designated by the Creamind for the Creamind App constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Changes to the Terms Of Use

From time to time Creamind may modify, change, add or delete terms at it’s discretion. User will be notified about the changes after its been released. By using of the Creamind App, user will be deemed to have accepted the changes in the Terms Of Use.

Term and Termination

Creamind has the right to amend, terminate or suspend these Terms at any time without the liablity of noticing to user. In it’s sole discretion, Creamind have the right to terminate the access of the user to the Creamind App, in the event of the any breach these Terms by the user.