Effective as of February 14, 2024
1.1 This User Agreement (“Agreement”) governs your use of the content, services and access offered by Creed Media ME FZ-LLC (hereinafter referred to as “Creed”, “We”, “Us”, “Our”) through any of its platforms; such as, ACOS (hereinafter referred to as “ACOS”,“Program”) or any other platforms that Creed publishes and thereto related content, upgrades, patches, features, launchers, websites, forums, events hosted by Creed and any other service offered by Creed (collectively “Services”).
1.2 By using ACOS or any of the Services, you (hereinafter referred to as “Customer”, “You”) agree to be bound by this Agreement.
1.3 Creed implemented this Agreement to ensure that the terms and rules of engagement were clearly defined. This Agreement (together with the Cookie Policy and the Privacy Policy) lays out all the important provisions needed to define and determine the roles of both the Customer and Creed.
1.4 We heavily advise you to read the following Agreement carefully to understand our views and practices regarding the Platform and the Services offered by Creed. By accessing and using ACOS and any of Creed’s affiliate programs, you are accepting and consenting to the practices described in this Agreement.
1.5 These Terms shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the Federal laws of the United Arab Emirates as applicable therein. Disputes arising in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.
An integrated system that automates marketing campaign tasks, streamlining operations and offering licensing for third-party use, aiming to expand revenue streams.
Creative Media Authority
Creed Media ME FZ-LLC.
Individual or entity (e.g., company, legal entity) utilizing the ACOS program for its intended purposes.
A specific amount of money charged for accessing or utilizing services offered within the ACOS platform. It represents the payment required by Creed for the use of ACOS functionalities, such as campaign management tools, analytics, or additional services provided within the platform. Fees within ACOS may include subscription charges, usage-based fees, or fees for specialized features or premium services offered by Creed through the ACOS platform.
Creed Media ME FZ-LLC.
Any platforms, websites, features, patches, upgrades, content or anything that Creed may produce or publish.
Creed Media ME FZ-LLC.
This legally binding document defines the terms for using the Services offered by Creed.
Creed Media ME FZ-LLC.
Individual or entity (e.g., company, legal entity) utilizing the ACOS program for its intended purposes.
3.1 In engaging with ACOS services provided by Creed, customers explicitly acknowledge and commit to strict compliance with the comprehensive Agreement established herewith. This encompassing Agreement comprises all terms, conditions, guidelines, and directives dictating the utilization of ACOS services. By availing themselves of ACOS services, customers affirm their thorough comprehension and unreserved acceptance of the policies, regulations, and procedural frameworks articulated within this Agreement. It is imperative for sustained access to and utilization of ACOS services that customers adhere unwaveringly to the provisions outlined herein.
3.2 Customers also recognize and consent that any contravention or failure to comply with the stipulated terms and conditions within this Agreement may warrant necessary action by Creed. Such actions may include, though are not limited to, suspension or termination of access to ACOS services as deemed appropriate by Creed.
3.3 ACOS upholds an unwavering commitment to preserving the integrity, security, and quality of its services. Customers partaking in ACOS services are obligated to strictly abide by the delineated guidelines, policies, and procedural benchmarks set forth within this Agreement. This collective adherence serves to foster an environment conducive to fairness, safety, and efficiency for all users.
3.4 Creed retains the exclusive right to exercise discretion in updating, modifying, or amending this Agreement. Customers engaged with ACOS services are responsible for regularly reviewing and remaining cognizant of any alterations or updates made to this Agreement.
3.5 The continuous access or utilization of ACOS services by customers signifies their unequivocal acknowledgment, acceptance, and unwavering commitment to wholeheartedly comply with the holistic Agreement meticulously outlined by Creed.
4.1 ACOS stands as a cutting-edge platform delivering a sophisticated array of tools and solutions meticulously crafted for the seamless management and optimization of marketing campaigns. Our suite of services is expansive, empowering users with a comprehensive set of functionalities aimed at elevating campaign performance and efficacy. Key services within ACOS include:
At the heart of ACOS lies a robust and dynamic campaign management system. This comprehensive framework orchestrates every facet of campaign execution, from meticulous task allocation and tracking to seamless execution and detailed reporting. Users leverage ACOS to streamline task allocation, facilitating efficient coordination and monitoring of various campaign elements. The platform's integrated tools empower users to oversee campaigns comprehensively, ensuring smooth workflows and real-time visibility into campaign progress.
ACOS boasts an intricate user management system equipped to handle extensive data tracking, processing, and analytics related to users' campaigns and their engagements across social media platforms. Leveraging cutting-edge analytics and data processing capabilities, ACOS provides in-depth insights into user interactions, behaviors, and preferences. These invaluable insights allow users to craft targeted campaigns, refine content strategies, and optimize audience targeting. ACOS enables users to make data-driven decisions, leveraging detailed user data for enhanced campaign performance and tailored audience engagement strategies.
4.2 ACOS represents a pinnacle in modern campaign management, harnessing advanced technologies and a comprehensive suite of features to revolutionize campaign oversight and optimization. Our services empower marketers and businesses with the tools and insights needed to navigate today's dynamic marketing landscape with finesse, precision, and unparalleled understanding of user behaviors and campaign dynamics.
5.1 Creed hereby consents to allow the Customer a non-exclusive license to use and access ACOS for the duration of this Agreement, or when Creed or its affiliates decide unanimously to end.
5.2 The Customer agrees to only access and use the Platform, through officially registered and acknowledged web addresses or published Services that Creed have given exclusive consent to.
a. Solely in the course of its normal business;
b. In the manner directed by Creed; and
c. in a manner that is consistent with all applicable laws and regulations including but not limited to the European Union law, such as; EU Data Protection & GDPR Legislation and the Electronic Communication Act, as well as, United Arab Emirates Laws such as the Federal Decree Law No. 34 of 2021 on Combating Rumors and Cyber Crimes, as well as the Federal Decree Law No. 45 of 2021 regarding the Protection of Personal Data, including any other EU, United Arab Emirates or Creative Media Authority (“CMA”) applicable law.
6.1 You as a Customer within the Creed platform are required to adhere to a strict code of conduct promoting respect and professionalism. This necessitates refraining from any behavior, language, or actions that could be construed as harassing, discriminatory, or disruptive to others' engagement within the platform. Harassment, discrimination based on various grounds, or any conduct causing discomfort or offense to others is strictly prohibited. Creed reserves the right to take appropriate measures, including the suspension or termination of accounts, in response to violations of this respect policy. By utilizing Creed's services, users explicitly agree to abide by these standards of conduct, contributing to a respectful and conducive environment for all participants within the platform.
6.2 Within Creed's platform, users must abide by stringent guidelines governing their conduct and content dissemination. These regulations are pivotal in fostering a secure and respectful environment conducive to productive engagement. Users are explicitly barred from disseminating, sharing, or transmitting any content encompassing illegal, offensive, defamatory, or injurious elements. Furthermore, participation in or endorsement of illegal activities within the platform is strictly proscribed and will result in immediate remedial measures.
6.3 Additionally, Creed vehemently upholds the safeguarding of intellectual property rights, vehemently opposing any infringements upon copyrights, trademarks, or patents. The dissemination of spam, malicious code, or data intended to disrupt or cause harm is expressly forbidden. Moreover, any engagement in fraudulent or deceptive practices within the Creed platform represents a grave violation of our policies.
6.4 In view of the gravity of these prohibitions, Creed is empowered to swiftly institute appropriate measures, including the suspension or termination of user accounts, in response to violations. Users are expected to familiarize themselves comprehensively with these directives and rigorously comply, ensuring a harmonious and lawful community ethos within Creed's platform.
7.1 At our request, at any point of time, you agree to provide a signed certification that you are using all ACOS or Creed materials and platforms pursuant to the terms of this Agreement, this includes but is not limited to the Scope of Services.
7.2 By agreeing to this Agreement, you explicitly authorize us or an individual authorized by us, to audit your use of ACOS or Creed materials and platforms. We will provide you with ten (10) days advance notice prior to the audit, the audit will be conducted during normal business hours. We will bear all out of pocket fees in regards to this audit, unless the audit reveals that you have at any point breached or exceeded the Scope of Services. You will provide reasonable assistance, cooperation, and access to relevant information in the course of any audit at your own cost.
7.3 If you exceed your Scope of Services, we night invoice you for any past or ongoing excessive uses, and you will pay the invoice promptly (within 14 business days) after receipt.
7.4 This remedy is without prejudice to any other remedies available to the Creed at law or equity or under this Agreement.
7.5 To the extent we are obligated to do so, we may and are allowed to at our own discretion share the audit results with any of our third-party licensors or any governmental authority within or outside the United Arab Emirates.
8.1 Customers accessing ACOS services must be at least 18 years old or have reached the legal age of majority in their jurisdiction. In cases where users are below the specified age, parental or guardian consent may be required to access and utilize the services.
8.2 Customers using ACOS services must possess the legal capacity to enter into binding agreements as per the laws governing their respective jurisdiction. This ensures that users have the legal authority to engage in contractual agreements.
8.3 Customers are obliged to adhere to all terms, conditions, and policies stipulated by Creed, governing the usage of ACOS services. This includes but is not limited to, compliance with acceptable use policies, privacy regulations, and any other guidelines outlined by Creed.
8.4 Access to ACOS services for Customers may be subject to geographical restrictions or limitations based on specific regions or countries. Creed reserves the right to impose such restrictions, considering various factors including legal, regulatory, or operational considerations that govern service provision.
9.1 To access ACOS services, the Customer must register by providing essential information. This includes their full name, a valid email address, contact details (such as phone numbers or business-related information), and creating a secure password. These details are required to personalize the account and ensure secure access to ACOS tools and features.
9.2 To access the range of services offered by ACOS, the Customer must complete a straightforward registration process. This involves providing key details necessary to create a personalized account tailored for utilization within the platform. Users are required to input their full name to establish a unique identification within ACOS. Additionally, a valid and active email address is crucial, serving as the primary communication channel and aiding in account verification processes. Contact details, such as business-related information or phone numbers, are also requested to ensure effective communication and validate the authenticity of the account. Equally significant is the creation of a secure password to fortify account access and maintain confidentiality. Upon completion of these essential details, the registration process concludes, granting the Customer access to ACOS services, thereby enabling them to explore and leverage the various functionalities and tools available within the platform.
9.3 After the Customer provides the necessary information for registration, an integral part of the process involves the issuance of a verification email. This email serves as a pivotal step in confirming the authenticity of the provided email address, marking the final stage in completing the registration process within ACOS. This meticulous verification protocol stands as a crucial measure to fortify the security and legitimacy of user accounts within the platform. By validating the accuracy of the submitted email address during registration, this stringent verification mechanism acts as a safeguard, allowing only verified and authorized users access to the suite of ACOS services. This stringent verification process significantly bolsters the integrity and reliability of the registration process, mitigating the potential risks associated with unauthorized access and establishing a more secure and credible user community within the ACOS platform.
10.1 As part of our commitment to transparency and data integrity, we urge you to acquaint yourself with the intricate details of how we handle your information and implement cookie mechanisms by thoroughly reviewing our extensive and meticulously crafted Privacy Policy and Cookie Policy. Your continued engagement with our services indicates your understanding and consent to abide by the regulations delineated in both our Privacy and Cookie Policies.
11.1 By using the ACOS platform provided by Creed, the Customer agrees to pay all applicable fees as outlined in the pricing plan or agreement provided by Creed. These fees may include but are not limited to subscription charges, usage fees, transaction fees, or any other charges associated with the services rendered (“Fee”).
11.2 Creed shall provide the Customer with a detailed breakdown of the fee structure, specifying the types of fees, their amounts, and the billing frequency. The Customer understands and accepts the responsibility for all incurred fees based on their usage of the ACOS platform. Creed may, at its discretion, consider refund requests under certain circumstances.
11.3 The Fee charged against the Customer, is subject for review by the Creed finance team every quarter or whenever they see fit. During the review, Creed is given the full authority to increase or decrease the fee as they see fit.
12.1 It is to be understood by agreeing to this Agreement, that the Customer is to always to the best of their knowledge have provided Creed with the accurate and complete billing information, this includes valid payment details. By providing such information, the Customer gives exclusive and complete authorisation to charge the designated payment method, for all agreed upon fees and any other fees that may be incurred through uses or costs of use. The Customer agrees to pay all charges incurred on or before the due date specified in the billing agreement.
12.2 The Customer acknowledges that delayed payments may incur supplementary charges, including but not limited to:
a. Interest Charges: Creed retains the prerogative to apply interest charges on unsettled balances, in accordance with the terms and conditions under this Agreement or as permissible under pertinent legislation. The interest rate, if applicable, shall stand at 2% per month, compounded monthly, on any outstanding amounts. The precise modalities encompassing the imposition, computation, and accrual of interest charges will be expressly expounded upon and elucidated within the comprehensive terms and conditions governing Creed's services.
b. Collection Fees: Should Creed engage in collection procedures to recover unpaid amounts, the Customer is liable for reasonable costs and expenses incurred, encompassing collection agency fees, legal expenses, and court costs, associated with recouping overdue amounts.
12.3 The Customer recognizes that any suspension or termination of platform access owing to non-payment or late payment does not exempt the Customer from the responsibility to settle outstanding fees, accrued interest, or any additional charges incurred due to the delayed payment.
12.4 All fees are exclusive of applicable taxes unless otherwise stated. The Customer is responsible for paying any applicable sales, use, value-added, or other similar taxes related to the use of the ACOS platform.
13.1 Creed retains complete discretion to evaluate refund requests on a case-by-case basis. Customers seeking a refund are required to initiate an appeal through the electronic communication channels facilitated by Creed. This formal appeal process ensures that refund cases are thoroughly reviewed, allowing the Customer to present comprehensive details, including reasons and supporting evidence for the refund request.
13.2 Upon receiving the appeal, Creed will diligently review the submitted information and assess the validity of the refund claim. Creed reserves the exclusive authority to make the final decision regarding refund approvals or denials based on the merits of each individual case. This meticulous review process enables Creed to make informed and fair determinations, ensuring equitable treatment for all refund appeals within the framework of ACOS services. Customers can rely on Creed's commitment to carefully consider and fairly decide on each refund request to maintain the integrity and quality of services offered through ACOS.
13.3 Following the thorough review of refund requests via Creed's electronic communication channels, ACOS commits to promptly communicate the outcome within 20 business days from the appeal submission. This dedicated timeline ensures transparency and keeps customers informed about the status of their refund claims. Upon the approval of a refund, Creed will swiftly facilitate the reimbursement of approved fees through a reasonable payment method akin to the one initially used for the transaction. This commitment ensures fairness and promptness in the refund process, aiming to uphold customer satisfaction and preserve the integrity of ACOS services.
14.1 In cases of non-payment or delayed payment, Creed holds the right to suspend or terminate access to the ACOS platform without further notice to the Customer. The Customer recognizes and agrees that failure to make timely payments may lead to immediate suspension or termination of platform access.
14.2 Creed shall not be held accountable for losses, damages, or service interruptions arising from suspension or termination due to non-payment or late payment. The Customer solely bears the responsibility for any consequences resulting from the inability to access the platform due to such actions taken by Creed.
15.1 If the Agreement and/or ACOS and its services are terminated, for any reason:
a. You must immediately pay to Creed any arrears of Fees and other sums which may have accumulated for payment under this Agreement as at the date of termination; and
b. You will immediately cease all and any of its use of ACOS and any other Services; and
c. Upon termination or at Creed's discretion, you must return or, to the fullest extent technically feasible, destroy all confidential Creed information and any copies of ACOS under your possession, custody, or control. Should Creed opt for destruction, you must provide a certified written confirmation from a recognized governmental authority, like a Notary Public, verifying compliance.
d. In case of termination due to breaches outlined in this Agreement, within 24 hours of termination, you may request Creed, per the Cookie and Privacy Policies, to provide the data it holds. Failure to make such a request within 24 hours or to settle outstanding sums within 7 business days post-termination will result in data destruction. Any unsettled debts remain your responsibility.
16.1 It is agreed between the Customer and Creed, the following;
16.2 Creed’s warranty, to the full extent allowed by the law, provided under this Agreement, is exclusive and in lieu of all other warranties, and policies, expressed or implied, either in fact or by operation of law, statutory or otherwise, including but not limited to any warranties of quality or ability for a particular purpose, accuracy of information generated, titles and non-infringement, all of which are disclaimed.
16.3 Creed does not warrant that ACOS or any of its Services will meet the Customer's requirements or expectation, or the operation of ACOS will be uninterrupted or error-free.
16.4 These disclaimers constitute an essential part of this Agreement.
16.5 By Agreeing to the Agreement, you agree to facing severe interruption to ACOS that Creed will attempt at resolving in the future.
17.1 Under no circumstances, will Creed or its affiliates be liable, to any Customer, for indirect, incidental or consequential damages, or loss of profit, or loss of opportunity even if the Creed has been advised of such possibility of those damages. Creed’s liability to the Customer for any other loss or damage from any cause whatsoever, regardless of the action, will always, without any doubt be strictly limited to the fees paid to Creed for the prior 3 months.
17.2 By accepting this Agreement, you explicitly without doubt release Creed of any liability in relation to Company losses or failures or any failures in expectations even if previously agreed upon.
17.3 The Customer is responsible for the proper understanding of content laws and their implementation in the target campaign countries. Creed shall not be held liable for any legal ramifications, penalties, or damages resulting from the Customer's failure to adhere to these laws or regulations. It is the Customer's obligation to ensure that all content created, disseminated, or promoted through the ACOS platform complies with the legal requirements of the respective regions or countries in which such content is intended to be utilized or accessed.
17.4 The Customer is to bear any liability arising from any legal disputes that may arise from the marketing campaigns produced and released through Creed on the Customers behalf. This includes any copyright disputes and any federal legal cases, disputes, seizures and any other legal actions that could be brought forward as a result of the campaign.
17.5 While using Creed's ACOS platform, the Customer acknowledges that Creed, its affiliates, officers, directors, employees, agents, and representatives bear no responsibility, indemnification, or obligation to defend against any potential intellectual property issues arising from the platform's use. This includes but isn't limited to claims of copyright infringement, patent violations, trademark disputes, or any intellectual property matters arising due to the Customer's activities on the ACOS platform.
17.6 Creed operates in a passive capacity without actively monitoring content uploaded or shared on the ACOS platform. Therefore, the Customer is solely responsible for ensuring all content aligns with legal rights and regulations of third parties. The Customer commits to indemnify and hold Creed harmless from any claims, damages, losses, liabilities, expenses, and costs, including legal fees, linked to intellectual property disputes arising from the Customer's use of the platform.
17.7 By continuing to use the ACOS platform, the Customer affirms understanding Creed's non-involvement in intellectual property matters. It's the Customer's responsibility to comply with laws governing content shared or used on the platform.
17.8 When mentioning Creed’s liability this Agreement will be the ultimate form of government and authority between the Customer and Creed.
18.1 The Customer and Creed, agree, unequivocally and truthfully to use the most applicable extent of care and discretion when it comes to any matter regarding private information, or any business related matters that was not explicitly agreed to be disclosed to the public, in no event less than reasonable care and discretion, to prevent disclosure, publication or dissemination of any information made available by one party to the other, from time to time, or which either party specified as confidential, as it employs with similar information of its own; shall not use , reproduce, distribute, disclose or otherwise disseminate any confidential information.
18.2 Except as required by the law and regulation, where complete legal compliance is expected in any jurisdiction in reason.
19.1 You may not assign or transfer this Agreement without our prior written consent.
19.2 This Agreement and all rights and obligations of the Customers hereunder are personal to the Customer and may not be transferred or assigned by the Customer at any time. Creed may assign its rights under this Agreement to any entity that assumes the Creed’s obligations hereunder in connection with any sale or transfer of all or a substantial portion of the Creed’s assets to such entity.
20.1 This Agreement is to be governed in accordance with the laws of the United Arab Emirates. By agreeing to this Agreement, it is understood that any disputes arising concerning matters related to this Agreement shall be subject to a mandatory and agreed-upon 1-year mediation period. During this period, both parties commit to engaging in a monthly mediation meeting for the duration of one year.
20.2 The Customer agrees that any dispute must be brought forward within three (3) months of the dispute occurring, disputes that date prior to the three (3) month threshold will be considered void.
20.3 It is to be agreed that the mediator must be a truly neutral natural third party.
21.1 Any notice under this Agreement must be given in writing. We may provide notice to you via email or through your account. By agreeing this Agreement, you agree that any such electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing.
21.2 Our notices to you will be deemed received and given upon the first business day after we send it.
21.3 You will provide notice to us by post to PO Box: 769285, Abu Dhabi, UAE, your notices to us will be deemed received and given by us upon our confirmed receipt which is done through electronic communication.
22.1 Neither party to this Agreement will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services or refusal of a license by a government agency, or any act of god.
23.1 The Agreement shall remain valid and in effect for the duration of the Customer's engagement with ACOS services provided by Creed. This agreement will persist as long as the Customer continues to utilize and remain actively engaged with the functionalities, products, or services offered by ACOS and Creed. Termination of engagement with ACOS services by the Customer will render this agreement null and void, subject to any provisions relating to post-termination rights or obligations as outlined within the agreement or as mandated by applicable laws.
24.1 Creed retains the unilateral right to amend, modify, or revise the User Agreement governing the utilization of ACOS services. Any alterations to the User Agreement shall be communicated to Customers via suitable channels, including but not limited to, electronic notifications, postings on the ACOS platform, or through other electronic means of communication.
24.1 It is the responsibility of Customers to regularly review the User Agreement for any updates or alterations. Continued usage of ACOS services post-amendments denotes the Customer's unequivocal acceptance of the revised terms and conditions. In the event of disagreement with the modified terms, Customers reserve the option to cease the utilization of ACOS services.
25.1 Should you have any inquiries, concerns, or feedback regarding this Agreement, we encourage you to reach out to us without hesitation at [email protected]. Your input is valuable to us, and we are committed to addressing any queries or feedback you may have about our Agreement promptly and efficiently.