Last Updated: 14.12.24

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Welcome to myCreativePro!

 

These terms and conditions govern your use of our website, subscription plans, and creative services. By engaging with us, you agree to these terms. If you have any questions, feel free to contact us before proceeding.

 

1. General Overview
1.1 Nature of Services: myCreativePro connects business clients with professional creatives through a subscription model to fulfill various creative production needs.

 

1.2 Business Clients Only:

Our services are exclusively available to business clients. By using our services, you confirm that you are acting as a business entity, not as a private individual (consumer).
A business client is defined under German law (§ 14 BGB) as a natural or legal person acting in a commercial or independent professional capacity when entering into this agreement.
Consumer Protections Exclusion: This agreement is not subject to the consumer protection provisions outlined in §§ 355–359 BGB, including withdrawal rights for distance contracts. If you are a consumer, please refrain from using our services.

 

1.3 Service Framework: Your subscription ensures uninterrupted allocation of resources to active tasks. If payments stop, work on tasks will pause until payments resume.

 

1.4 Amendments to Terms: We reserve the right to update these terms to reflect changes in our services or policies. Updates will be effective after notification via email or website posting. Clients who disagree with the changes may terminate their subscription without penalty within 14 days of being notified.

 

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2. Subscription Plans
2.1 Plan Tiers: myCreativePro offers tiered plans (Starter, Pro, Premium, etc.) with distinct features. Details of each plan are outlined on our website.

 

2.2 Payment Terms: Payments are processed in advance based on the chosen subscription cycle (monthly or annually). Late or missed payments may lead to service interruptions.

 

2.3 Cancellation and Refund Policy:

Clients may cancel their subscription at any time.
Refunds are generally not available, given the nature of creative services and resource allocation.
For annual subscriptions, clients may request a partial refund for any full, unused months remaining in the subscription period at the time of cancellation, provided no active tasks are ongoing.

 

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3. Task Fulfillment and Revisions
3.1 Task Allocation:

Subscriptions include an allocation of active tasks at any given time (task limits depend on the subscription plan).
Clients may use these active task slots for new projects or revisions of completed work. Revisions count as active tasks and must fall within the task limits.

 

3.2 Client Responsibilities:

Clients must provide clear and complete information necessary to fulfill tasks.
Turnaround time begins only when all required inputs are received.

 

3.3 Delivery Timelines:

Estimated delivery times depend on project complexity. Delays caused by the client do not entitle the client to compensation or extensions.

 

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4. Intellectual Property Rights
4.1 Ownership of Deliverables:

By default, all deliverables are considered "work for hire," and clients receive full ownership rights upon payment completion.
myCreativePro retains the right to showcase deliverables in its portfolio for promotional purposes unless the client explicitly requests otherwise.

 

4.2 Usage of Deliverables:

Clients are responsible for ensuring the appropriate use of deliverables and compliance with applicable copyright laws.

 

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5. Limitation of Liability
5.1 Exclusions of Liability:

myCreativePro is not liable for indirect damages, loss of profits, business interruptions, or reputational harm resulting from delays or issues caused by the client.
Liability is excluded to the extent permissible under German law for:
Slight negligence causing financial losses (except when related to key contractual duties).
Delays or non-performance due to force majeure events.

 

5.2 Non-Excludable Liability:

myCreativePro remains fully liable for:
Intentional misconduct or gross negligence (§ 276 BGB).
Personal injury or death (§ 309 No. 7 BGB).
Breach of key contractual obligations (Kardinalpflichten), in which case liability is limited to foreseeable damages typical of this type of contract.

 

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6. Refund and Cancellation Policy
6.1 No Refunds for Completed Work:

Refunds are not available for work already completed or in progress.
Refunds are also not available for the trial period once a task is submitted.

 

6.2 Refunds for Unused Subscriptions:

For annual plans, clients may receive a prorated refund for any unused full months, provided there are no active tasks.

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7. Dispute Resolution and Governing Law
7.1 Governing Law: These terms are governed by the laws of Berlin, Germany.

 

7.2 Dispute Resolution:

Disputes will be resolved through arbitration in Berlin, Germany, in accordance with applicable local laws.
International clients may request arbitration in their jurisdiction, but this must be agreed upon in writing.

 

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8. Miscellaneous

8.1 Entire Agreement: These terms constitute the entire agreement between myCreativePro and the client. Any prior agreements, understandings, or arrangements are superseded by these terms.

 

8.2 Severability: If any part of these terms is deemed invalid, illegal, or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

 

8.3 Non-Waiver: Failure by myCreativePro to enforce any right or provision in these terms does not constitute a waiver of that right or provision.

 

8.4 Language of Agreement: This agreement is written in English. In case of discrepancies between translations, the English version shall prevail.

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Final Note

If you have any questions about these Terms and Conditions or require assistance, feel free to contact our team at hello@mycreative.pro.

By engaging with our services, you confirm your understanding and acceptance of these terms.