Terms of Service

Effective Date: 2024-09-01

Terms of Service

Welcome to Creem, a Merchant of Record service operated by Armitage Labs OÜ, a company based in Estonia. Please read the following Terms of Service (the “Terms”) carefully as they govern your use of our websites, products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at: support@creem.io. By using the Services, you agree to comply with and be bound by these Terms, as well as the terms outlined in our Privacy Policy (https://creem.io/privacy).

These Terms are a binding contract between you and Armitage Labs OÜ (“Creem,” “we,” “our,” or “us”). By accessing or using the Services in any way, you agree to these Terms. If you do not agree to all of these Terms, you may not use or access the Services.

These Terms also include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and dispute resolution by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.

1. Will these Terms ever change?

We are always working to improve our Services, so these Terms may need to change along with our Services. We reserve the right to modify these Terms at any time. If we do so, we will notify you by posting the updated Terms on our website, sending you an email, or notifying you by other means.

If you do not agree with the revised Terms, you are free to reject them; however, this means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, you are agreeing to all of the changes.

2. What about privacy?

Creem takes the privacy of its users seriously. Please review our Privacy Policy for information about how we collect, use, and share your personal data (https://creem.io/privacy).

3. Who can use the Services?

You represent and warrant that you are an individual of legal age to form a binding contract. If you are accessing or using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf.

You are responsible for ensuring that all information you provide to us is accurate, complete, and up-to-date. You may not use false information or impersonate another person through the Services. You may not transfer your account to anyone else without our written permission.

4. Use of Services

Creem provides Merchant of Record services to SaaS businesses. This includes handling payments, taxes, invoicing, and related financial services on behalf of our clients. By using Creem, you agree to the following:

  • You will not use the Services for any purpose that is illegal or prohibited by these Terms.
  • You will comply with all laws that apply to your use of the Services.
  • You will not violate the security of the Services, including by attempting to obtain unauthorized access to any portion of the platform.
  • You will protect the security of your account by keeping your login credentials confidential. You are responsible for any activities that occur under your account.

5. Fees and Payment

Creem handles all payment processing as a Merchant of Record. By using our Services, you authorize us to process payments on your behalf. Fees for our Services are clearly outlined and subject to change. You will be notified of any changes in advance. All fees are non-refundable unless stated otherwise.

Some of the Services may require payment of fees. By using our paid Services, you agree to pay all applicable fees. If you choose to use paid Services, we will bill you through the payment method you have provided. You must keep your billing information up to date and accurate.

We reserve the right to change our pricing or fees at any time. If we do so, we will notify you prior to billing. By continuing to use the Services after the price change becomes effective, you agree to the updated pricing.

6. User Responsibilities

By using the Services, you agree that you will not:

  • Engage in any fraudulent, illegal, or abusive behavior.
  • Attempt to interfere with the proper working of the Services.
  • Violate any applicable laws or regulations while using the Services.
  • Use any automated system (such as bots or scrapers) to access the Services in a way that could disrupt our operations.
  • Misrepresent yourself or your affiliation with any individual or entity.

Violation of any of the above restrictions can result in termination of your access to the Services.

7. Termination

Creem reserves the right to terminate or suspend your access to the Services at any time, without notice, for conduct that violates these Terms or is harmful to our operations or other users. Upon termination, your right to access the Services will immediately cease.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CREEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, EVEN IF CREEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CREEM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF €100 OR THE AMOUNTS PAID BY YOU TO CREEM IN THE PREVIOUS 12 MONTHS.

9. Dispute Resolution and Arbitration Agreement

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Estonian Arbitration Act. Both parties agree to resolve disputes through individual arbitration rather than class actions or lawsuits.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles.

11. Miscellaneous

These Terms constitute the entire agreement between you and Creem with respect to your use of the Services. If any part of these Terms is held invalid, the remaining parts will remain in full force and effect. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms at any time without notice or consent.

12. Indemnification

You agree to indemnify and hold harmless Creem, its affiliates, and employees from any claims, liabilities, damages, or expenses (including legal fees) arising out of your use of our Services, your violation of these Terms, or your violation of any third-party rights.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:
Armitage Labs OÜ (Creem) Email: support@creem.io Address: Kreiukse tee 5, Randvere, 74016 Harju maakond, Estonia

CREEM

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