TERMS OF SERVICE

Effective Date: June 1, 2025

Welcome to Creator Affect! By accessing or using our platform, you agree to be bound by the following Terms of Service (“Terms”). If you do not agree, please do not use our services.

1. Introduction and Acceptance of Terms

This Terms of Service agreement (“Agreement”) governs your use of Creator Affect (the “Platform”). By registering, subscribing, or using the Platform, you accept and agree to comply with these Terms. If you do not agree, you must you are not authorized to use the Platform and must discontinue use immediately.

2. Definitions

  • “Platform” – Refers to Creator Affect, including the website located at CreatorAffect.com, all associated subdomains, mobile applications, APIs, and services offered by Creator Affect.

  • “User” or “Member” – Any person or entity who registers for an account and accesses the platform.

  • “Small Business Member” – A paying user categorized as a business owner.

  • “Content Creator Member” – A paying user categorized as a content creator.

  • “Affiliate” – A user who participates in the referral program and maintains 20 active members for free access.

  • “Subscription” – The recurring monthly membership paid to access the platform.

  • “User-Generated Content (UGC)” – Any content, including text, images, videos, or other materials, created and uploaded by members.

  • “Campaign Brief” – A post by a business member outlining collaboration opportunities for content creators.

  • “Intellectual Property” – Includes all intellectual property of Creator Affect, including but not limited to: copyrights, trademarks, trade secrets, patents (if any), and any other proprietary rights.

  • “Spam” or “Spammy Practices” – Includes but is not limited to: sending unsolicited messages, posting irrelevant content, using bots or automated tools to artificially inflate engagement, and engaging in follow-for-follow schemes.

  • “NSFW (Not Safe for Work)” – Includes but is not limited to: nudity, sexually suggestive content, hate speech, graphic violence, or any content deemed inappropriate for a professional setting.

  • “Payment Processor” – The third-party service used to process subscription payments.

  • “Cancellation Policy” – Guidelines governing termination of a membership.

3. Eligibility and Account Registration

  • The Platform is exclusively for American Small Business Owners and American Content Creators.

  • Users must be 18 years or older to register.

  • Upon successful subscription, new members will be automatically redirected to set up their profile.

4. Membership & Subscription

  • Recurring Membership Fees:

    • Small Business Membership: $69.99/month

    • Content Creator Membership: $29.99/month

    • Affiliates receive a free membership if they maintain 25 active referred members.

  • No Refunds: Membership fees are non-refundable.

  • Cancellation: Members may cancel their subscription anytime. Access remains until the end of the last paid billing cycle.

5. Platform Usage & Community Guidelines

  • Members can create profiles, post activity, connect, and communicate freely. However, the following activities are prohibited: harassment, bullying, threats, defamation, impersonation, privacy violations, illegal activities, interference with platform operations, circumventing security measures, and unauthorized advertising or solicitations.

  • Group Creation: Members may form groups on topics relevant to small business owners and content creators. Creator Affect reserves the right to remove any group that violates these Terms of Service.

  • Messaging: Private messaging and live chat will be available.

  • Business Campaigns: Businesses can post campaign briefs, and content creators can respond. Creator Affect is not a party to any agreements between businesses and creators and assumes no responsibility for payment disputes, quality of work, or any other issues arising from such collaborations.

  • No Spam or Follow-for-Follow Practices: Organic engagement is required. Spam and artificial growth tactics are prohibited.

  • NSFW Content Prohibited: Any inappropriate content will result in account termination.

6. User-Generated Content & Intellectual Property

  • Content Ownership: The original creator retains ownership of user-generated content.

  • License Granted to Creator Affect: Members grant Creator Affect a non-exclusive, worldwide, royalty-free, revocable perpetual license to use, reproduce, modify, distribute, and display user-generated content on the platform. Creator Affect will not use such content for external media or promotional purposes without explicit user consent.

  • Content Responsibility: Users must have rights to post any content they share.

7. Intellectual Property of Creator Affect

Creator Affect retains full ownership of:

  • Brand Name & Logo

  • Website Design & Layout

  • Software & Code

  • Policies & Guidelines

  • Marketing Materials

  • Exclusive Features

  • Aggregated Data (non-identifiable analytics) Users may not copy, reproduce, or redistribute these elements without express permission.

8. Account Deletion & Data Removal

  • Members can delete their account at any time.

  • Upon deletion, all user data, uploads, and activities are permanently erased, except for any data that must be retained for legal or compliance reasons, such as transaction records or dispute-related communications.

  • Payment details are removed from the system upon cancellation.

  • A new account must be registered if the user wishes to rejoin.

9. Limitation of Liability & Disclaimers

  • Creator Affect is not responsible for user interactions, business transactions, or third-party engagements.

  • The platform is provided “as is” without any warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • Members use the platform at their own risk; Creator Affect is **not liable for direct, indirect, incidental, consequential, punitive, special, or exemplary damages, even if advised of the possibility of such damages. In no event shall Creator Affect’s total liability exceed the greater of $100 or the total amount paid by the user in the preceding twelve (12) months.

10. Indemnification Clause

  • defend, and hold harmless Creator Affect from any claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from their activities on the platform, their content, or their violation of these Terms.

  • Users are responsible for any claims related to their content or actions on the platform.

11. Dispute Resolution & Arbitration

  • All disputes must first be resolved **through mediation or binding arbitration in Little Rock, Arkansas, in accordance with the rules of the American Arbitration Association (AAA). Arbitration costs shall be equally split, and the arbitration award shall be final and enforceable under the Federal Arbitration Act.

  • Users waive the right to file class-action lawsuits or participate in any class-action proceedings against Creator Affect.

12. Regulatory Compliance & Data Privacy

  • Creator Affect is committed to complying with all applicable data privacy laws and regulations, including, but not limited to, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA), to the extent they apply to our operations.

  • User data is stored securely, but we do not guarantee absolute data security.

13. Termination & Suspension

  • Creator Affect reserves the right to ban or suspend accounts without prior notice for violations of these Terms.

  • Suspensions are non-refundable.

14. Legal Jurisdiction

  • This Agreement shall be governed under the laws of the State of Arkansas, USA.

  • Any legal disputes shall be resolved within the courts of Arkansas.

15. Contact Information

For support or inquiries:

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms. The remaining provisions of these Terms shall remain in full force and effect, and shall not be affected by the invalidity, illegality, or unenforceability of the severed provision.

17. Entire Agreement

These Terms, together with our Privacy Policy and Copyright Infringement Policy (DMCA Policy), constitute the entire agreement between you and Creator Affect concerning your use of the Platform and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and Creator Affect with respect to the Platform.

18. Waiver

No waiver by Creator Affect of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Creator Affect to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without Creator Affect’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Creator Affect may freely assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Notice

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Creator Affect:
Creator Affect
1279 Hwy 64 W, Beebe, AR 72012
Legal@CreatorAffect.com

If to you:
To the email address associated with your Creator Affect account.

Either party may change its address for notice by giving notice to the other party in accordance with this Section. Electronic notices (e.g., email) shall be deemed valid notice under these Terms.

By using Creator Affect, you acknowledge and agree to these Terms of Service. Creator Affect reserves the right to modify these Terms at any time. Users will be notified via email or a platform announcement 30 days before changes take effect. Continued use of the platform after the notice period constitutes acceptance of the new Terms.

Copyright © 2025 Creator Affect