Terms & Conditions
These Terms and Conditions ("Terms") govern your access to and use of the ReKreate platform, website at www.werekreate.com, applications, and all related services (collectively, the "Services") provided by ReKreate ("ReKreate," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.
Critical Notice
Please read Section 5 carefully before using the Services. All creatives generated through ReKreate vest as the exclusive intellectual property of ReKreate. You receive a perpetual, irrevocable commercial licence to use them. You do not own the generated output. This is a fundamental and non-negotiable term of access to the Services.
1. Eligibility
You must be at least 18 years of age and possess the full legal capacity to enter into a binding agreement. By using the Services, you represent and warrant that you meet these requirements. If you are accessing the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and all references to "you" shall include that entity and its authorised users.
2. Account Registration
To access the full functionality of the Services, you must create an account. You agree to:
- •Provide accurate, current, and complete information at registration and keep it updated at all times.
- •Maintain the security and confidentiality of your account credentials and accept sole responsibility for all activities occurring under your account.
- •Notify us immediately at hello@werekreate.com upon becoming aware of any unauthorised access, security breach, or suspected compromise of your credentials.
- •Not create accounts under false identities, aliases, or impersonations, or create multiple accounts to circumvent plan restrictions.
We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or are associated with fraudulent, harmful, or abusive activity, with or without prior notice.
3. Subscription, Payment, and Billing
3.1 Plans and Pricing
ReKreate offers subscription plans as described on our pricing page at www.werekreate.com/pricing. Prices are displayed in Indian Rupees (INR) for Indian users and in applicable local currency for international users. We reserve the right to modify pricing at any time. Price changes take effect at the commencement of your next billing cycle. We will provide reasonable prior notice of any material pricing changes. Continued use after a price change takes effect constitutes acceptance of the revised pricing.
3.2 Billing and Payment
By subscribing to a paid plan, you authorise us to charge your designated payment method on a recurring basis through Stripe, our payment processor. You are responsible for maintaining a valid payment method and for all applicable taxes, duties, and levies. All fees are exclusive of applicable taxes unless stated otherwise.
3.3 Free Trial
We offer a free trial for new users as described on our pricing page. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial expires. We will send a reminder before charging. Free trial access is limited to one per individual and organisation; circumvention through multiple accounts constitutes a material breach of these Terms.
3.4 Refund Policy
All subscription fees are non-refundable except where strictly required by applicable mandatory consumer protection law. Refund requests may be considered on a case-by-case basis at our sole discretion; submit requests in writing to hello@werekreate.com with your reason and account details. If you cancel your subscription, you retain access to the Services through the end of the current billing period. No partial or pro-rata refunds will be issued for unused portions of a billing period.
3.5 Creative Credits
Certain plans include creative or image generation credits. Credits are personal to your account, non-transferable, have no monetary or cash value, and expire at the end of each billing cycle unless explicitly stated otherwise in your plan description. Unused credits do not carry over to subsequent periods.
4. Acceptable Use
4.1 Licence to Use the Services
Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business and commercial purposes during your active subscription period.
4.2 Prohibited Conduct
You agree not to, and will not permit others to:
- •Use the Services for any unlawful purpose or in violation of any applicable laws, regulations, or codes of practice.
- •Upload, transmit, or distribute any content that infringes the intellectual property rights, privacy rights, or other rights of any third party.
- •Upload content that is obscene, defamatory, discriminatory, threatening, harassing, or otherwise unlawful or objectionable.
- •Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, algorithms, or underlying logic of any aspect of the Services or AI systems.
- •Use the Services to build, develop, train AI models for, or commercialise products or services that compete with ReKreate.
- •Sublicense, share, resell, rent, lease, or otherwise redistribute access to your account or the Services to any third party.
- •Use automated systems including bots, scrapers, spiders, or crawlers to access or extract data from the Services without our prior written authorisation.
- •Interfere with, disrupt, degrade, or compromise the integrity, security, or performance of the Services or underlying infrastructure.
- •Impersonate any person or entity or misrepresent your affiliation or authority.
- •Attempt to gain unauthorised access to the Services, other user accounts, backend systems, or related infrastructure.
- •Process or store personal data through the Services in violation of applicable data protection laws.
- •Circumvent any technical measures, access controls, or usage limits imposed by the platform.
4.3 Usage Limits
Your subscription plan may specify limits on creative generation, template accesses, connected accounts, or other features. Exceeding plan limits may result in temporary feature restriction until your next billing cycle or a prompt to upgrade. We will make reasonable efforts to notify you before hard limits are reached. Persistent or deliberate breach of usage limits constitutes a material breach of these Terms.
5. Intellectual Property and Licensing
5.1 Your Uploaded Content
You retain full ownership of all content you upload to the Services, including product images, logos, brand guidelines, and other brand materials ("Your Content"). By uploading Your Content, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, store, and display Your Content solely for the purpose of providing the Services to you. This licence is limited to service delivery and terminates when you delete Your Content or close your account, subject to our data retention obligations under the Privacy Policy.
5.2 IP Ownership — Generated Content Vests with ReKreate
All creatives, images, designs, visual outputs, templates, and other content generated through the use of the Services, whether produced in whole or in part using our AI systems, template library, algorithms, design frameworks, or platform tools — and whether or not they incorporate Your Content or brand assets — (collectively, "Generated Content") are and shall remain the exclusive intellectual property of ReKreate.
By using the Services, you do not acquire any ownership interest, copyright, design right, database right, or other intellectual property right of any nature in any Generated Content. Ownership of Generated Content vests exclusively in ReKreate upon generation, irrespective of the degree of input, customisation, or brand assets contributed by you. This applies even where Your Content or brand assets form part of the Generated Content.
5.3 Perpetual Commercial Licence to Use Generated Content
Subject to your compliance with these Terms and payment of applicable subscription fees, ReKreate hereby grants you a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use, reproduce, distribute, display, publish, and adapt the Generated Content solely for your own internal and external commercial and marketing purposes (the "Licence").
Permitted uses under the Licence include: running paid advertising campaigns; publishing marketplace listings (Amazon, Flipkart, Myntra, Nykaa, and similar); distributing email marketing materials; using creatives in owned-media brand communications; and incorporating creatives into product packaging or website content — in each case, solely in connection with the promotion of your own products and services.
The Licence granted under this clause shall survive termination of your subscription, provided that such termination was not caused by your material breach of these Terms. In the event of termination for cause, we reserve the right to revoke the Licence by written notice.
The Licence does not permit you to:
- •Sublicense, sell, transfer, or assign any Licence rights in Generated Content to any third party, including agencies, design studios, or other brands.
- •Resell, distribute, or offer Generated Content as standalone design assets, creative templates, or design files.
- •Use Generated Content in a manner that suggests sponsorship, affiliation, or endorsement by ReKreate or any of our partners.
- •Remove, obscure, modify, or interfere with any proprietary notices, watermarks, or metadata embedded in or associated with Generated Content.
- •Use Generated Content in connection with products, services, or content that is unlawful, harmful, deceptive, or in violation of any applicable laws or advertising regulations.
5.4 ReKreate Platform, Software, and Brand
The Services — including all software, algorithms, AI models, training data, design systems, template libraries, platform architecture, text, graphics, logos, trade marks, trade dress, and branding materials — are the exclusive property of ReKreate or our licensors and are protected by applicable intellectual property and unfair competition laws worldwide. Nothing in these Terms grants you any licence or right to use our trade marks, logos, or brand assets in any manner without our prior written consent.
5.5 Reference and Template Library
Our Services may incorporate a reference library of creative layouts and ad formats used as inputs to our AI generation systems. These references are provided solely as inputs to the creative generation process and do not constitute finished design assets. ReKreate does not claim ownership over third-party advertising concepts that may have informed reference materials. All Generated Content produced through the platform is independently created by our systems and is subject to the IP provisions in this Section 5.
5.6 Feedback
If you provide ReKreate with feedback, suggestions, ideas, enhancement requests, or other recommendations regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, modify, and commercialise that Feedback in any manner, without any obligation, compensation, attribution, or liability to you. Feedback shall not be treated as confidential information.
5.7 Your Responsibility for Third-Party Rights
You are solely and exclusively responsible for ensuring that: (a) Your Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; (b) your use of Generated Content under the Licence complies with all applicable laws, regulations, platform policies, and advertising standards, including but not limited to trade mark law, copyright law, ASCI Guidelines, Meta Advertising Policies, Amazon Advertising Guidelines, and any other applicable codes; and (c) Generated Content does not make any false, misleading, or unsubstantiated claims about your products or services. ReKreate does not warrant that Generated Content will be free from resemblance to, or conflict with, any existing third-party intellectual property, and accepts no liability for any such claims.
6. Third-Party Brands, Trade Marks, and References
Our Services, website, and marketing materials may display product images, brand names, or trade marks belonging to third-party brands for illustrative, demonstrative, or reference purposes only. ReKreate is not affiliated with, endorsed by, licensed by, or in any commercial relationship with any third-party brand displayed in our materials unless explicitly and specifically disclosed in writing.
All third-party trade marks, logos, and brand assets referenced are the property of their respective owners. Any such references are purely illustrative. You may not use the Services to generate content incorporating third-party trade marks, logos, or brand assets without appropriate authorisation from the relevant rights holders.
7. Connected Accounts and Platform Integrations
The Services may allow integration with third-party platforms, including Shopify and Amazon Seller Central. By authorising any integration, you:
- •Grant us the permissions necessary to access, retrieve, and process data from the connected platform for the purpose of providing the Services.
- •Confirm that you have full authority to grant such access and that doing so does not violate any agreement with the third-party platform.
- •Acknowledge that your use of connected platforms is independently governed by those platforms' own terms and conditions, with which you remain solely responsible for compliance.
- •Acknowledge that we are not responsible for the availability, accuracy, completeness, or content of data retrieved from third-party platforms.
You may disconnect integrations at any time through your account settings. Disconnecting will stop future data retrieval. Previously retrieved data will be retained subject to our Privacy Policy retention schedule.
8. AI-Generated Content — Acknowledgements and Responsibilities
You acknowledge and agree that:
- •AI-generated content may not always be accurate, complete, error-free, or suitable for your specific intended purpose.
- •You are solely responsible for reviewing all Generated Content before deploying it in any advertising campaign, marketplace listing, or public-facing material.
- •AI-generated imagery, text, and layouts may occasionally contain unintended artefacts, inaccuracies, or imperfections that require human review.
- •ReKreate makes no guarantee of any specific advertising performance, conversion rates, return on ad spend, or commercial outcomes resulting from use of Generated Content.
- •You are solely responsible for ensuring that all creatives you deploy comply with applicable advertising laws, platform policies, and regulatory standards, including ASCI Guidelines (India), Meta Advertising Policies, Amazon Advertising Guidelines, and any other applicable frameworks.
- •You accept full legal and commercial responsibility for any consequences arising from your deployment of Generated Content, including third-party intellectual property claims, regulatory action, or consumer complaints.
9. Confidentiality
Each party may receive confidential information of the other party in connection with the Services. You agree to keep confidential any non-public technical, commercial, or business information disclosed by ReKreate and to use such information solely for the purpose of using the Services. ReKreate will maintain confidentiality of Your Content as set out in our Privacy Policy. Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed, or is required to be disclosed by law.
10. Disclaimer of Warranties
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REKREATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR GENERATED CONTENT, EVEN IF REKREATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO REKREATE IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WHERE YOU HAVE NOT PAID ANY FEES, OUR TOTAL LIABILITY SHALL NOT EXCEED INR 5,000.
NOTHING IN THESE TERMS LIMITS LIABILITY FOR: FRAUD OR FRAUDULENT MISREPRESENTATION; WILFUL MISCONDUCT OR GROSS NEGLIGENCE; DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE MANDATORY LAW.
12. Indemnification
You agree to fully indemnify, defend, and hold harmless ReKreate and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) arising out of or related to:
- •Your use of or access to the Services or any Generated Content.
- •Your Content, including any claim that Your Content infringes the intellectual property, privacy, or other rights of a third party.
- •Your breach of any provision of these Terms.
- •Your violation of any applicable law, regulation, advertising standard, or third-party right — including intellectual property, trade mark, or consumer protection rights.
- •Your deployment of Generated Content in any advertising, marketing, or commercial campaign.
- •Any claim by a third party arising from your use of integrations or connected platform data.
We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully and provide all reasonable assistance in the defence of such matter.
13. Term and Termination
13.1 Termination by You
You may terminate your account at any time by cancelling your subscription through your account settings or by contacting hello@werekreate.com. Termination takes effect at the end of your current billing period. You will not receive a refund for any unused portion of your subscription except as required by mandatory applicable law.
13.2 Termination by ReKreate
We may suspend or terminate your access to the Services at any time, with or without prior notice, in cases including but not limited to:
- •Material violation of any provision of these Terms.
- •Fraudulent, deceptive, or illegal activity.
- •Non-payment of subscription fees for more than 7 days past due.
- •Conduct that we determine, in our reasonable judgment, is harmful to other users, third parties, the platform, or ReKreate's reputation.
- •Extended periods of account inactivity on free-tier accounts.
Where circumstances allow, we will endeavour to provide reasonable prior notice of termination for cause.
13.3 Effect of Termination
Upon termination, your right to access and use the Services ceases immediately. The perpetual commercial Licence granted under Section 5.3 in respect of Generated Content created prior to termination shall survive, unless termination was caused by your material breach of these Terms, in which case we may revoke the Licence by written notice. We will delete your account data within 30 days of termination except where legally required to retain it.
14. Modifications to the Services
We reserve the right to modify, enhance, restrict, suspend, or discontinue any aspect of the Services at any time, with or without prior notice. We will make reasonable efforts to provide advance notice of changes that materially impact your use. ReKreate shall have no liability for any modification, suspension, or discontinuation of the Services or any features thereof.
15. Dispute Resolution
15.1 Good Faith Negotiation
Before initiating any formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by written notice to hello@werekreate.com. We will make good faith efforts to resolve the matter within 30 days of receiving written notice.
15.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. For users outside India, mandatory local consumer protection laws may apply and are not overridden by these Terms to the extent that such override is prohibited by applicable law.
15.3 Jurisdiction
Subject to Section 15.1, any disputes arising out of or relating to these Terms or the Services that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India. By using the Services, you irrevocably submit to the personal jurisdiction of the courts of Mumbai for the resolution of all such disputes, without prejudice to any mandatory rights you may hold under applicable local law.
15.4 Class Action and Collective Proceeding Waiver
To the maximum extent permitted by applicable law, you agree to resolve all disputes with ReKreate strictly on an individual basis and expressly waive any right to initiate, join, or participate in any class action, collective proceeding, or representative action against ReKreate.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies or documents incorporated by reference, constitute the entire agreement between you and ReKreate with respect to the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
16.2 Severability
If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be limited or modified to the minimum extent necessary to make it enforceable. The remainder of these Terms shall continue in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms on any occasion shall not constitute a present or future waiver of that provision or any other provision. No waiver by ReKreate shall be effective unless made in writing and signed by an authorised representative of ReKreate.
16.4 Assignment
You may not assign, transfer, novate, or sublicense any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any purported assignment without our consent is void. We may freely assign these Terms and all rights and obligations under them — including in connection with a merger, acquisition, corporate restructuring, or sale of business assets — without restriction and without your consent.
16.5 Force Majeure
ReKreate shall not be liable for any failure or delay in performance of obligations under these Terms arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, war, terrorism, civil unrest, governmental action, sanctions, internet or telecommunications infrastructure failures, or third-party service disruptions. We will notify you promptly of any such event and resume performance as soon as reasonably practicable.
16.6 Changes to These Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' prior notice by posting updated Terms on our website and, where appropriate, notifying you by email. The "Last Updated" date will reflect any revision. Your continued use of the Services after the effective date of any revision constitutes your binding acceptance of the revised Terms. If you do not agree to a revision, you must cease using the Services before the effective date.
16.7 Notices
All notices, requests, and communications required or permitted under these Terms shall be in writing. Notices to ReKreate shall be sent to hello@werekreate.com. We may give you notice via the email address associated with your account or through a prominent in-platform notification. Notices are deemed received: (a) by email, on the next business day after transmission; and (b) by in-platform notification, upon display.
16.8 Language
These Terms are executed in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail to the fullest extent permitted by applicable law.
17. Contact Us
For any questions, concerns, or notices regarding these Terms or the Services:
For urgent legal or IP-related matters, please mark your subject line: LEGAL — URGENT. We acknowledge all communications within 2 business days and aim to resolve all matters within 30 days.