1.1. Creative Software is a service and / or web product, owned and operated by SD CREATIVE SOFTWARE SOLUTIONS S.R.L. (hereinafter referred to as “CREATIVE SOFTWARE”), a limited liability company legally registered and validly operating under the laws of Romania, with its registered office in Falcau Village, no. 148, Suceava County, registered at the Trade Register under No. J33/869/2022, Unique Registration Code: 46092355.
1.2. These Terms and Conditions (hereinafter referred to as “this Document”, “Agreement” or “Terms and Conditions”) govern the use of all Creative Software products and services., including the creativesoftware.ro website and its contents. This document is a legal agreement – a contract between you and us. Please also read our Privacy Policy, Cookie Policy and GDPR Policy before browsing the website or placing an order.
1.3. Using the creative software website (including its contents) and / or its products and / or services, you agree to the following terms and conditions. If you do not agree to these terms and conditions or the policies indicated above, please do not use the creative software website, products or services.
2.1. Any reference in these Terms and Conditions to “You” or “User” refers to you, the user of the Creative Software website, of the content, products and services of Creative Software, and “yours” will be interpreted accordingly. Moreover, “We” and “CREATIVE SOFTWARE” refer to SD CREATIVE SOFTWARE SOLUTIONS S.R.L., and “Ours” and “CREATIVE SOFTWARE” will be interpreted accordingly.
2.2. “User Data” refers to your personal data, which may be collected by Us on our website and / or in the process of registering and / or purchasing any Creative Software services and / or products. “Our Website” or “Our Website” refers to the creativesoftware.ro website and all pages associated with it. However, “Creative Software site” or “Creative Software website” refers to the sites of Our Users, created with Creative Software “Third party” refers to any natural or legal person / entity / firm that is not associated with CREATIVE SOFTWARE
3.1. These Terms and Conditions are set between Us (CREATIVE SOFTWARE) and You (Users). No other person has the right to benefit from, invoke or avail themselves of this document.
3.2. Mandatory. Both this document and all policies to which it refers (eg Privacy Policy, Cookie Policy, GDPR Policy) are binding on you. By browsing our website, using our services and / or products or placing an order, you agree to abide by this document and the policies indicated.
3.3. Changes and updates. We reserve the right to change these Terms and Conditions at any time without notice. Orders and use by you of Creative Software services and / or products., including the website creativesoftware.ro and its content, the terms and conditions that are in force at the time of placing the order and use will apply to them. By accessing our Website, you will find the latest version of the Terms and Conditions. Please read the Terms and Conditions each time you access or use our Website! Your use of the Creative Software site following the modification of these Terms and Conditions, constitutes your acceptance of the amended Terms and Conditions.
3.4. We cannot guarantee that any services and / or products that have been included or presented at any time on our Website will be available at any time. We reserve the right to terminate the marketing or provision of a service and / or product at any time.
3.5. These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter of any Agreement and supersedes any other agreement, any other prior verbal or written agreement between you and us.
3.6. The contract concluded between you and us is mandatory. You may not transfer, assign, strike or otherwise alienate this Agreement or any of your rights or obligations arising from it, without our prior written consent. We may transfer, assign, strike, subcontract or otherwise dispose of a Contract or any of our rights or obligations under it.
3.7. If a court or regulatory authority decides that any provision of these Terms and Conditions is invalid or unenforceable, that provision will be revoked and removed from the Terms and Conditions, and the remaining provisions will continue to exist and take effect, in full legal power.
3.8. Contact. For any questions or ambiguities, you can contact us with confidence at the following address: info@creativesoftware.ro or by filling in the contact form, we will reply to you as soon as possible.
4.1. Our website, content, products and services Creative Software are available to you if: (1) you have over 18 and / or full capacity to exercise, (2) you agree to these Terms and Conditions and the aforementioned Policies; and (3) provide real, complete and up-to-date contact information. Proof of compliance with these criteria may be required when accessing all or some of the Creative Software services and / or products, in the form of identification or contact details.
5.1. Our website processes personal data provided by you or collected from other sources, as we have described in detail in the Privacy Policy, in accordance with national and European legislation on the protection of personal data and the free movement of such data.
5.2. By visiting, browsing and / or using the site, placing orders or interacting with us by any method and / or any means of remote communication, you agree to the processing of your data, personal information, as described in the Privacy Policy.
5.3. You also declare that all personal data and information transmitted to us are real, accurate, complete and up to date. To the extent that the data does not belong to you, you declare that you have obtained the prior written consent of the data subject, whose data you transmit to us or that you transmit the data based on another legal basis, in accordance with Regulation (EU) 679/2016.
5.4. We may collect information through cookies or other similar technologies, such as IP address, browser or device. If you would like more information, we encourage you to access and browse our Cookie Policy.
5.5. If through our services and / or products you process personal data of individuals, as a controller of personal data or as a person authorized by the controller with respect to personal data, you agree to abide by the existing rules in the laws governing the processing of personal data and, where applicable, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of these data and repealing Directive 95/46 / EC (General Data Protection Regulation).
6.1. By these Terms and Conditions, you give us your consent to use methods of distance communication during the conclusion, conduct, modification or, as the case may be, termination of the Contract. The costs incurred by the User for the use of distance communication methods (such as the cost of connection to internet services, the costs of telephone services) are borne by the User.
7.1. By accessing, visiting, browsing, placing an order or carrying out any other activity on our Website and / or, as the case may be, in connection with Creative Software services and / or products., you undertake to comply with the following obligations:
You will use this website exclusively for making legitimate orders or for information;
You will not place any false or fraudulent order, otherwise we reserve the right to cancel the order and inform the competent authorities or, as the case may be, to go to court to repair any damage caused;
You will provide real, accurate, complete and up-to-date information;
You will respect the intellectual property rights regarding any element found on our Website.
You will not take any action that could cause any damage to our Website, otherwise we reserve the right to go to court to repair any damage caused.
7.2. Consequences. We reserve the right to block the access of any User who violates the above obligations, to cancel orders, to notify the competent authorities for civil / criminal liability in case of any illegal, prejudicial acts and to contact the courts for reparation. in full of any damages that may be caused to us in the event, present or future, including in order to obtain unrealized benefits, as well as to recover the related court costs (including, but not limited to attorneys’ fees).
8.1. Date of conclusion of the Contract. The Terms and Conditions between you and us are concluded and enter into force, as the case may be, at the time of signing, sending the confirmation / acceptance of the order or delivery of the services and / or products ordered by you and shall remain in effect until its termination for any of the reasons set forth in this Agreement.
8.2. Protection. To the extent that we will not accept the order, but your money has been withdrawn, we will proceed to refund these amounts as soon as possible. The Terms and Conditions do not constitute, within the meaning of civil law, an offer, but an invitation to tender.
8.3. The decision is ours. We reserve the right to decide, unilaterally and without specifying the reason, whether or not to conclude a Contract. We will not be liable to you in the event that we refuse to fulfill an order.
9.1. We cannot guarantee that the services and / or products mentioned at any time on our Website will be available at any time to be provided for your benefit or for purchase. We will not be liable to you in the event that a service and / or product is no longer found on our Website.
9.2. Although we will try to keep the information on Creative Software services and / or products updated in real time on our Website, we cannot guarantee that this information will be updated at any time.
9.3. Guarantees. To the extent that Creative Software services and / or products are unavailable, but you have already placed your order, we will inform you about the unavailability of these services and / or products and we will recommend similar services and / or products, at equal or close value, that we can provide for your benefit or which can be ordered. If you do not want to order the services and / or similar products recommended by us, we will cancel the order, and if you have already paid the price of the services and / or products, we will return the money as soon as possible.
10.1. Creative Software services and / or products can be paid by bank transfer, bank card, PayPal and other payment methods specific to each country, offered to the User during the purchase process and before the completion of the order.
10.2. In case of bank transfer, all the necessary data are available after placing the order. Please note that all surcharges and fees resulting from the bank transfer are borne by you., as User and Customer, and not by CREATIVE SOFTWARE
Note: You are responsible for entering the correct information on the payment request. Please make sure that all fields are filled in and that all data provided is correct. CREATIVE SOFTWARE is not responsible for rejected requests due to incorrect or insufficient data of the User.
10.3. Payment processing. If you opt for online payment by bank card or, as the case may be, via PayPal, the processing of your card data is done through an authorized payment provider or, as the case may be, through PayPal, and we will not store any data regarding your card.
10.4. If you choose to pay by card, the issuing institution will validate and authorize the payment. If the transaction is not processed for reasons independent of us (ie non-existent funds on the card, expired card), the Contract is not concluded and We will have no obligation to deliver the services and / or products, but you can select another payment method or try processing your payment again with a valid card.
10.5. Recurring payments (automatic renewals). If you use your bank card or PayPal to make a purchase, the purchased services and / or products may be automatically renewed. The renewal frequency can be monthly or annual, depending on the type of payment chosen. In the case of annual renewals, the amount is debited before the package expires. You will be notified of the automatic renewal and subsequent payments in advance, in accordance with the time period provided by law.
10.6. The User is also informed that, if he has agreed to the number of overtime hours worked on his behalf by CREATIVE SOFTWARE and to the related additional costs charged on this occasion, by replying by e-mail to the notice he receives to this effect, automatic renewals will also take such additional costs into account.
10.7. Automatic renewal can be canceled at any time in the administration panel of your project. Until you cancel automatic renewal, you authorize CREATIVE SOFTWARE or the payment method provider of your choice of services and / or products to withdraw payments for services and / or products from your card or account.
11.1. The delivery of services and / or products is done exclusively electronically to the e-mail address indicated by you at the time of placing the order.
12.1. “Acceptable use” of the Creative Software site., its content, services and / or products is defined in clause 12.2 to 12.9. Activities that are against or otherwise prohibited by these clauses are therefore contrary to the provisions of these Terms and Conditions and may result in legal action and termination of the provision or provision to you of Creative Software services and / or products.
12.2. Content. As a Creative Software User you agree not to post or distribute through Creative Software sites no material defamatory, threatening, obscene, harmful, pornographic or of any other illicit nature or contrary to good morals. Also, materials that violate or infringe in any way Our rights or the rights of others (including, but not limited to intellectual property rights, privacy rights etc.) are strictly prohibited, as are activities that may cause harm or nuisances to Us or others. Moreover, you will not express vulgar, brutal, sexist, racist or offensive opinions in any other way. We encourage Users to behave respectfully and politely with each other.
12.3. Content ownership. You will not post or make available on Creative Software sites materials that you do not own, without the express consent of the rightful owner of the materials in question.
12.4. Participation in events. You will be subject to the rules of any competition, promotions or marketing campaigns you participate in on our Website and / or which are related to Creative Software services and / or products.
12.5. Interferences. You will not engage in any type of behavior or action that may affect the operation or security of Our Website and you will not cause unreasonable inconvenience or disruption to Our staff.
12.6. Identity. You will not act as a person / entity and / or misrepresent your affiliation with a person / entity.
12.7. SPAM. You will not promote your Creative Software website by sending SPAM messages (e-mails sent to accounts without prior agreement with the account owner). You will not use our e-mails to send SPAM messages.
12.8. Robot software. You will not use robotic software (or other non-SD CREATIVE SOFTWARE SOLUTIONS software) to create new Creative Software sites, nor to access and modify Creative Software sites.
12.9. Alternative solutions. You will not use alternative solutions of any kind to overcome the limitations of any services and / or products, packages / subscriptions, functions or Creative Software solutions.
13.1. All materials and content elements copyrighted or protected by other intellectual property rights, offered as part or whole of Our Website, represent the intellectual property of SD CREATIVE SOFTWARE SOLUTIONS S.R.L. and remain Ours or Our licensees. Our website will be used by Users only for information or placing orders for Creative Software services and / or products.
13.2. Users of Our Website do not have the right to download, modify in whole or in part the website, reproduce in part or in full the website, copy, distribute, sell or exploit the website in any manner contrary to the interests of SD CREATIVE SOFTWARE SOLUTIONS S.R.L., nor to assist / facilitate any third party in actions such as those mentioned above, whether or not there is a commercial purpose. Moreover, if you find out about such distributions or commercial operations, you agree to notify us immediately.
13.3. Any content (including, but not limited to databases, graphics, trademarks, content) is the intellectual property of SD CREATIVE SOFTWARE SOLUTIONS S.R.L. Our entire Website is protected by Law no. 8/1996 on copyright and related rights, and for any infringement of intellectual property rights we reserve the right to refer to the courts competent for full recovery of the damage, as well as to file a criminal complaint to the competent judicial bodies in the view to criminal prosecution of the perpetrator.
14.1. CREATIVE SOFTWARE may change these Terms and Conditions at any time and for any reason by providing thirty (30) days written notice to you. These terms and conditions will survive any changes to any existing Contract with you., until it ceases.
14.2. Both We and You, we may immediately terminate these Terms and Conditions, pursuant to this document, by sending a written notice to the other party if:
the other party is substantially in breach of any of its obligations under these applicable Terms and Conditions, a breach that remains unrepaired for thirty (30) days from the written notice to that effect, or in the event of a breach that cannot be remedied. within thirty (30) days, the party breaching the obligations shall not act to remedy the breach within thirty (30) days;
the other party suspends or threatens to suspend the payment of its debts or is unable to pay its debts at maturity or recognizes its inability to pay its debts or is engaged in any procedure related to a debt rescheduling, an arrangement with creditors, a procedure liquidation, a moratorium;
a party becomes entitled to appoint a judicial administrator over the assets of the other party or a judicial administrator is appointed over the assets of the other party;
if the other Party suspends or ceases or threatens to suspend or discontinue all or a substantial part of its business.
15.1. Our services and / or products are free from defects. More precisely: (a) Our services and / or products have the agreed functions, and in the absence of the agreement, functions described or expected in connection with the nature of the service and / or product and based on our advertisement and what has been agreed with you to be executed or delivered; (b) Our services and / or products are appropriate for the purpose for which they are used or for which such services and / or products are being used; (c) the quality or design of the services and / or products corresponds to the approved model or template, if the model or design of the approved model or template has been determined; (d) the services and / or products are in adequate quantity, size or weight and comply with legal regulations.
15.2. If the services and / or products do not have the functions set out above, you may withdraw from this Agreement and return the services and / or products, within 15 days, by sending a request to it to: info@creativesoftware.ro.
15.3. In order to return the services and / or products, the natural persons who have purchased the services and / or products or, in the case of legal persons, their legal representatives will have to give a declaration on their own responsibility before a notary public by which they will declare that they have permanently deleted the services and / or products and any copies thereof from all computer systems and that they have not alienated the services and / or products in any way. After receiving the original statement at the address communicated to the User, we will proceed to refund the amount paid.
16.1. We reserve the right to immediately terminate or suspend our services to you indefinitely, if you violate or have reasonable cause to believe that you will be violating these Terms and Conditions. We will also cease Our services to you, at our discretion, if you engage in practices that we consider unacceptable. The decision to take such actions (including, but not limited to the interruption of all services) is at the discretion of CREATIVE SOFTWARE and may be made without giving reasons for the decision.
17.1. The user undertakes and guarantees to maintain the confidentiality of the Confidential Information, to prevent its disclosure to third parties and not to use it for purposes other than those provided for in this Agreement, except those previously authorized in writing by CREATIVE SOFTWARE and subject to the Terms and Conditions imposed by it.
17.2. Confidential information may be made available either in writing, visually or electronically legible, including by fax or other electronic means of transmission or orally, and may be marked as confidential or not.
17.3. The User will not disclose to any third party the Confidential Information received from CREATIVE SOFTWARE, except for the services and / or products purchased and only under the conditions shown by these Terms and Conditions and unless required by applicable law. In the event that the User discloses the Confidential Information to another person (public or private) without a legitimate interest, CREATIVE SOFTWARE reserves the right to sue the User to cover any damages that may result from such disclosure.
18.1. We are not liable for damages suffered by users or third parties or their hardware, which may occur directly, indirectly or accidentally as a result of the material or in connection with the use of our services and/ our products, including downloading material through our services. we are not liable for damages suffered by users or third parties as a result of inability to use our services and / or products and / or our website directly, indirectly or in connection with this event. therefore, the use of the services is made at your own discretion and risk and you are exclusively responsible for any damages to your computer system or other device which you operate / use or for the loss of data resulting from the download of any such material.
18.2. You understand and expressly agree that your use of our website and / or our services and / or products is made on your own risk and that the site, services and / or products creative software are offered “as is” and “as available”. you further acknowledge and agree that we are not responsible for the availability and/or the functioning of any third party site and/or materials you may access through the creative software sites. the limitation of liability applies to the extent permitted by national law.
19.1. We do not endorse and are not responsible for or liable for any content, advertising, product or service mentioned on or available through the Third Party Websites.
19.2. Any transaction between you and any third party found on or through Our Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such relationships are made between you and the entity concerned. Therefore, we are not responsible or liable for any loss / damage of any kind that may occur in these cases.
20.1. CREATIVE SOFTWARE, its subsidiaries and its licensors do not represent and, to the fullest extent permitted by law, do not warrant that:
Use of the services and / or products will meet your requirements;
The use of the services and products will be uninterrupted, on time, safe and without errors or viruses;
Any information obtained by you as a result of using the services and / or products will be accurate or secure;
Defects in the operation and functioning of any software provided to you as part of the services and / or products will be corrected.
20.2. No information, advice or consultation, whether verbal or written, obtained by you from us, through us or through our services and / or products, will not create warranties not clearly stated in the terms.
20.3. Furthermore, CREATIVE SOFTWARE expressly excludes all warranties and conditions of any kind, expressed or implied, including but not limited to the suggested warranties and merchantability conditions, appropriate for a particular purpose, to the extent permitted by national law.
20.4. Subject to the general provisions of Chapter XVIII (LIMITATION OF LIABILITY) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE SOFTWARE, ITS SUBSIDIARIES AND LICENSES WILL NOT BE LIABLE TO YOU FOR THE CONDITIONS REFERRED TO IN CLAUSE 20.5, to the extent permitted by national law.
20.5. CREATIVE SOFTWARE, its subsidiaries and its licensors will not be liable to you for:
Any direct, indirect, accidental damages, as a special or exceptional consequence that may be suffered by you no matter how they were caused and under any theory of liability. This will include, but is not limited to, loss of profit (incurred directly or indirectly), loss of customer or business reputation, loss of data, cost of purchase of replacement goods or services, or other intangible losses.
Any loss or damage that may be incurred by you, including, but not limited to, loss or damage as a result of:
Any trust placed by you on the completeness, accuracy or existence of any advertisement or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears in the service and / or product;
Any changes made by CREATIVE SOFTWARE to the services and / or products or to any permanent or temporary interruption in the provision of the services and / or products (or other functions in connection with the services and / or products);
Deletion, corruption or failure to store any content and other communications stored or transmitted by or through your use of services and / or products;
Your failure to provide CREATIVE SOFTWARE with correct, accurate and up-to-date information;
Your failure to keep your passwords or account details secure and confidential.
21.1. We will not be held liable for any delays or failures in the performance and/or delivery of our services and/or products if an event of major force occurs. Major force is an unforeseeable event beyond the control of the parties and which cannot be avoided.
22.1. This document and all operations resulting from its provisions are subject to Romanian law.
22.2. In the absence of an amicable agreement, any litigation / disputes that may arise will eventually be resolved by the competent Romanian courts.
22.3. If this document is translated into one or more languages, only the Romanian version will prevail in the event of a dispute.
22.4. In accordance with the legal provisions, the User is also informed that he can take advantage of the European online dispute resolution platform: webgate.ec.europa.eu/odr.
23.1. We are not responsible or liable for:
The accuracy, timing or accuracy of any information / statements on Our Website or Creative Software websites, we will not be responsible for any statements, advice and / or opinions generated by Users on blogs and forums (except as limited by law). If you have any claims arising out of the actions and / or statements of another User, you agree to pursue such claims only against that User and not against Us;
The quality, accuracy or adequacy of our Website, except as required by law. However, we will make every reasonable effort to provide you with services in the most professional manner.
24.1. You agree that all communications made under this Agreement shall be by e-mail to the address provided by you through Our Website or by any other means, agreeing that such communication is valid by simple proof from us regarding the sending of the communication. We have the right to use other methods of transmission (by e-mail, courier or through bailiffs) of communications to you.
The User and CREATIVE SOFTWARE agree that all communications in connection with this Agreement will be made to the following addresses:
For the User – at the e-mail address mentioned through Our Website or by any other means;
For CREATIVE SOFTWARE – at the following e-mail address: info@creativesoftware.ro.
25.1. The quality of our services and / or products is the main objective in the attention of CREATIVE SOFTWARE; therefore, Our system is subject to a continuous improvement process, both in terms of technology and product design. Notice: In order to improve your experience with Our services, we publish translations of all documents, which form an integral part of these Terms and Conditions. In case of discrepancies between the Romanian version and the English version and / or, as the case may be, in any other foreign language, the Romanian version shall prevail. It is available at creativesoftware.ro/en/terms-and-conditions.