Terms & Conditions



1.INTRODUCTION

1.1.By accessing or using our website (creativeeyetech.com) and any services we offer, you agree to comply with and be bound by these Terms and Conditions. If you do not agree, please do not use our services. Please read the following terms with utmost care and caution.

1.2.These Terms and Conditions (“Terms”) constitute a legal agreement between You and Creativeeye Software Technologies Private Limited (“Creativeeye” or “us” or “we” or “our”). The Terms, constituted of Part A: General Terms and Conditions and Part B: Specific Terms and Conditions, govern Your access to and use of Creativeeye. services, including payments, technology, software, analytics, or any other services, tools, or products offered or made available by Creativeeye.

1.3.Services/ products may be offered or made available to you via our website, mobile applications, software, APIs, social media, or other access channels.

1.4.You hereby consent to our collecting, storing, and using the data/information you provide on the Platform during sign-up/registration or onboarding for any specific projects or requirements.

2.DEFINITIONS

2.1.You/ Yours : Refers to the individual or entity accessing or using the website and services provided by Creativeeye.

2.2.We/ Us : Refers to Creativeeye, the provider of the services outlined in these Terms and Conditions.

2.3.Services : This means the facilities, resources, and infrastructure provided by Creativeeye for the development, deployment, modification, and maintenance of new or existing fintech products. This includes consulting, design, software development, testing, and support services.

2.4.Product : This means a software application or a cloud-native platform developed by Creativeeye that performs or automates assigned tasks primarily related to financial management. This may include, but is not limited to, budgeting tools, payment processing systems, investment tracking applications, and other financial management solutions.

2.5.Confidential Information : Any proprietary information disclosed by one party to the other, either orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

2.6.Agreement : Refers to these Terms and Conditions as well as any additional agreements, contracts, or documentation executed between Creativeeye and you regarding the services provided.

2.7.Client : Refers to any individual or entity that engages with Creativeeye for services or products.

2.8.Website : The online platform owned and operated by Creativeeye, accessible at [www.creativeeyetech.com], where users can access information about services, products, and other resources provided by the Company.

2.9.User-Generated Content : Any content submitted or created by users on the website, including comments, feedback, reviews, or any other form of input.

2.10.Third-Party Services : Refers to any services or products provided by entities other than Creativeeye that may be integrated or used in conjunction with the services or products offered by the Company.

2.11.License : The permission granted by Creativeeye to you to use the services and products in accordance with these Terms and any specific agreements.

3.OUR RIGHTS AND PROPERTIES

3.1.We (and our licensors, as applicable) remain the sole owners of all rights, titles, and interests in our solutions, services, cloud platforms, and our website, www.Creativeeye.in, including any intellectual property rights that exist in the products/ services.

3.2.Creativeeye grants You a personal, non-exclusive, non-transferable, limited right to access the Platform/ software that is developed and deployed by Creativeeye for resale purposes until it is a white-label product or service. You shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) that may be affixed to or contained within the Services or Products developed by Creativeeye.

3.3.Only white-label products are permitted to be rebranded, copied, modified, or used to create derivative works. No other products may be reverse-engineered, decompiled, or disassembled, nor may they be transmitted, sold, assigned, or sublicensed.

3.4.Any modifications made to our products by You or any third party are done at Your risk. We disclaim all warranties and liabilities related to the performance, functionality, or security of modified products. We shall not be responsible for any issues, damages, or losses arising from the use of modified products.

3.5.The Company retains all rights, title, and interest in and to any intellectual property created during the development of white-label or custom-made solutions, except where explicitly stated otherwise in the Project Agreement.

3.6.The Company reserves the right to terminate access to any white-label or custom-made solution if the Client violates any terms outlined in these Terms and Conditions or the Project Agreement.

3.7.Creativeeye may use any feedback, suggestions, or recommendations provided by the Client regarding the products and services for improvement, development, or marketing purposes without any obligation to compensate the Client.

3.8.Creativeeye reserves the right to modify these Terms and Conditions or any specific project terms with or without prior notice to the Client, ensuring continued alignment with business practices and regulatory requirements.

4.USAGE OF THE WEBSITE

4.1.By accessing and using our website, you agree to comply with these Terms for Website Users. If you do not agree with any part of these terms, please refrain from using our site.

4.2.Our website serves as a platform for users to learn about our fintech solutions, services, and products. It provides information on our offerings, allows potential clients to engage with our services, and serves as a resource for existing clients.

4.3.When you visit our website, we may collect certain information automatically, such as your IP address, browser type, and access times. This information helps us improve our website and services.

  • Potential clients seeking information about our fintech solutions.
  • Existing clients with questions or feedback about our services.

4.4.You acknowledge that by submitting the contact form, you may receive communication from the Company regarding your inquiry. You agree to check your email regularly and respond promptly to any requests for information.

4.5.When you submit the contact form, we may collect personal information, including but not limited to Your name, Email address, Phone number, Company name (if applicable), and Any other information you choose to provide.

4.6.By submitting the form, you consent to the collection and use of your information for purposes such as responding to your inquiries or requests, providing you with information about our services, and maintaining communication with you as a potential or existing client. The same can be/ may be used for marketing purposes, including sending newsletters, promotional materials, or updates about our services.

4.7.If you provide feedback or content through the website, you grant the Company the right to use that feedback or content for business purposes without obligation.

4.8.We are committed to protecting your privacy. The information collected through the contact form will be used solely for the purposes outlined above and will not be shared with third parties without your consent, except as required by law.

4.9.You are responsible for providing accurate, complete, and up-to-date information when filling out the contact form or any other forms on our website. Misleading or false information may lead to difficulties in communication and service delivery.

4.10.Through these terms of use, You agree to use our website and services only for lawful purposes. You shall not engage in any activities that could harm, disrupt, or interfere with the website's functionality or the experience of other users.

4.11.You should not use the website to transmit any malicious software or viruses or any automated means (e.g., bots, scripts) to access or interact with the website without prior consent. Attempting to gain unauthorized access to any part of the website or its systems is illegal.

5.SPECIFIC TERMS AND CONDITIONS (For Products and Services)

As a Client seeking custom fintech solutions from Creativeeye, it is essential that you provide clear, detailed, and accurate requirements. This is critical to ensure that the software developed meets your business objectives, functionality needs, and complies with any relevant regulatory considerations.

5.1.Responsibilities

You are responsible for clearly articulating your business goals and objectives for the custom fintech solution. This should include specific features you wish to implement, the target audience for the software, and any unique selling propositions you aim to achieve.

Provide detailed descriptions of the functionalities you require. This includes user roles, user interface preferences, and any workflows that need to be incorporated into the software. The more detailed your input, the better we can align the product with your expectations.

You must identify and communicate any industry-specific regulatory requirements that the software must adhere to. This may include data protection laws (e.g., GDPR, CCPA), financial regulations (e.g., SEC, FINRA), and any local laws that affect your operations. Provide this information to avoid compliance issues.

If you have preferences for specific technologies, platforms, or third-party integrations (such as payment gateways, APIs, etc.), it is your responsibility to inform us. This ensures that the development process aligns with your existing technological ecosystem.

Timely provision of information and requirements is crucial. Delays in providing necessary details may impact the project timeline and result in increased costs.

5.2.Disclaimers

Creativeeye is not responsible for any issues arising from incomplete or inaccurate information provided by the Client. If the requirements are not clearly articulated, the final product may not meet your expectations or regulatory standards.

While we strive to build compliant solutions, the ultimate responsibility for ensuring compliance with all applicable laws and regulations rests with you, the Client. We recommend consulting with legal experts in your industry to verify that all requirements are met.

Any significant changes to the requirements after the project has commenced may incur additional costs and may affect delivery timelines. It is advisable to finalize requirements before the development phase begins.

5.3.Terms of Access

All requirements should be documented and submitted in writing. This documentation will serve as the basis for the project scope and will be referenced throughout the development process.

You will have the opportunity to review and approve the documented requirements before development begins. Changes requested after approval may lead to adjustments in project timelines and costs.

Ongoing communication between You and the Creativeeye is essential. You are expected to be available for meetings and discussions as needed to clarify requirements and address any questions.

In cases the failure to provide accurate requirements leads you to project issues, Creativeeye shall not be held liable for any resulting damages, including but not limited to lost profits, delays, or regulatory penalties.

By agreeing to these terms, you acknowledge your responsibility to provide accurate, detailed, and timely requirements for any custom fintech solutions. This collaboration is vital for the successful development and deployment of software that meets your business needs and adheres to applicable regulations.

6.GENERAL

This section outlines important terms related to confidentiality, liability limitations, governing law, and changes to these Terms and Conditions. It is essential for both parties to understand and agree to these provisions to ensure a clear and mutual understanding of expectations and responsibilities.

6.1.Confidentiality

Both parties agree to keep any proprietary or confidential information shared during the course of the engagement confidential. This obligation includes, but is not limited to, business plans, technical data, financial information, and any other information designated as confidential.

6.1.1.Non-Disclosure Agreement (NDA):

Prior to the exchange of any confidential information, both parties may be required to sign a Non-Disclosure Agreement (NDA) to further protect proprietary information. The terms of the NDA will take precedence over this confidentiality clause in the event of any conflict.

6.1.2.Prohibited Disclosures

Neither party will disclose any confidential information to any third party without prior written consent from the other party, unless required by law or a court order. In such cases, the disclosing party shall provide prompt notice to the other party and cooperate in any efforts to contest or limit such disclosure.

6.1.3.Survival of Obligation

This confidentiality obligation will survive the termination of the engagement and will continue for a period of [insert duration, e.g., two years] following the termination.

6.2.Limitation of Liability

To the maximum extent permitted by law, Creativeeye shall not be liable for any indirect, incidental, or consequential damages arising from the use of our website or services. This includes but is not limited to, loss of profits, data, or use, even if Creativeeye has been advised of the possibility of such damages.

6.3.Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of [insert jurisdiction]. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the courts in India.

6.4.Changes to Terms

Creativeeye reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of the website or services after any changes constitutes acceptance of the new Terms.