Krea Business Plan: Terms of Service

Last updated: January 01, 2026

Introduction

Welcome to Krea. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: [email protected]

These Terms of Use (the "Terms") are a binding contract between you and KREA.AI, INC. ("Krea," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy, Copyright Dispute Policy in the "What if I see something on the Services that infringes my copyright?" section of these Terms and any other relevant policies.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at krea.ai, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that 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, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Krea takes the privacy of its users very seriously. For the current Krea Privacy Policy, please click here.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at [email protected].

What are the basics of using Krea?

Krea is a platform that allows users to access a suite of web tools powered by artificial intelligence in order to generate visual media for use in a variety of contexts.

You may be required to sign up for an account, select a password and user name ("Krea Credentials"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Krea Credentials a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Google and Discord. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms 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 and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

You may use the Services for personal or professional purposes, subject to the terms, conditions and any other limitations outlined in these Terms and your Business subscription, or any additional terms or agreements you enter with Krea (to the extent applicable). Krea may allow you to commercialize certain Content generated from the Services, subject to your adherence to our copyright dispute policy and any other restrictions or requirements (including pricing changes) imposed by Krea. All use of the Services must comply with applicable laws. You are solely responsible for ensuring that your use of the Services, including any commercial use of the Content, adheres to all relevant laws and regulations. We cannot be held responsible for any illegal or unauthorized use of the Services. Krea reserves the right to modify the terms of commercial use of Content generated from the Services at any time.

You will not share your Krea Credentials, account or password with anyone, and you must protect the security of your Krea Credentials, account, password and any other access tools or credentials. You're responsible for any activity associated with your Krea Credentials and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Krea sends you (for example, via email). You may opt out of receiving certain communications from Krea in your account settings.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide, contribute, or generate any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of any other person or entity (including Krea);
  2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Krea;
  3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your Krea Credentials, account or anyone else's (such as allowing someone else to log in to the Services as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
  8. "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. copies or stores any significant portion of the Content; or
  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

Specifically, on item (c) above, the following are examples of types of Content and User Submissions that are prohibited within Krea:

  • content demeaning, dehumanizing, or otherwise harmful representations of people or their environments, cultures, religions, etc.
  • content propagating discriminatory content or harmful stereotypes
  • content or actions actively promoting misinformation or disinformation
  • actions and content which impersonate individuals without their consent (e.g. "deepfakes")
  • sexually graphic, pornographic, and lewd content

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Krea's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to access, use (and in certain instances download, display, and re-share) content generated from using the Services. You understand that Krea owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services themselves, except for Content we give you a license to. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

AI Inputs and Outputs

Definitions

The Services utilize artificial intelligence and machine learning to process content you provide (the "Inputs"), such as text prompts, images, reference materials, or other data, and generate and return content based on such Inputs (the "Outputs").

Ownership of Inputs and Outputs

You retain all ownership rights in your Inputs and Outputs. Krea does not claim ownership of any of your Inputs or Outputs. By providing Inputs to the Services, you represent and warrant that you own or have the necessary rights to use such Inputs and to grant the licenses described in this Section.

Commercial Use Rights

Users with Business subscriptions have full, unrestricted commercial rights to their Outputs. Subject to your compliance with these Terms, Krea does not restrict your commercial use of your Outputs. You may use, reproduce, modify, distribute, display, perform, and create derivative works from your Outputs for any lawful purpose, including commercial purposes, without any additional payment or permission from Krea.

You represent and warrant that you have all necessary rights to provide Inputs to the Services and that your use of Outputs does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other rights.

Use of Content for Training and Service Improvement

No Training on Customer Data: Krea commits that it will NOT use your Inputs or Outputs to train its AI models or algorithms.

Krea may only use Business subscription Inputs and Outputs for the following limited purposes:

  • (i) Providing the Services to you;
  • (ii) Security, fraud prevention, and abuse detection;
  • (iii) Legal compliance and responding to valid legal process;
  • (iv) As explicitly authorized by you in writing.

Monitoring Rights

Krea reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools for content moderation, safety, legal compliance, and enforcement of these Terms.

Non-Exclusivity and Nature of AI-Generated Content

You acknowledge and agree that:

  • (a) Outputs are generated by artificial intelligence and may not be unique to you;
  • (b) Similar or identical Outputs may be generated for other users using similar Inputs;
  • (c) Krea provides the Services to numerous users and may independently develop similar features, models, outputs, or technology;
  • (d) Under the laws of certain jurisdictions, Outputs may not be protected by copyright or other intellectual property rights;
  • (e) Krea makes no warranties regarding the accuracy, quality, originality, or suitability of any Outputs for any particular purpose.

In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

  1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Krea's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact details are listed below):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Krea is capable of finding and verifying its existence;
    4. Contact information about the notifier including address, telephone number and, if available, email address;
    5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
  2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
    1. remove or disable access to the infringing material;
    2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
    3. terminate such content provider's access to the Services if he or she is a repeat offender.
  3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
    1. A physical or electronic signature of the content provider;
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
    3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
    4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Krea is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Krea may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Krea may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Krea's discretion.

Please contact Krea's Designated Agent at the following address:

Krea.ai, Inc. Attn: DMCA Designated Agent 781 Beach St, Floor 2, San Francisco, CA 94109

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Krea. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Krea is not responsible for such risks.

Krea has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Krea will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Krea shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Krea is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Krea, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Will Krea ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

CONDITIONS OF BUSINESS SUBSCRIPTION

General Subscription Terms

The conditions in this section govern the purchase of a Business subscription offered through the Website. By completing the purchase process of a Business subscription, you accept these conditions without reservation. These conditions are additional to the Terms, which continue to apply to users who have purchased a Business subscription.

We use Stripe, Inc. ('Stripe') to process payments for Paid Services. By purchasing a Paid Service, you agree to provide current, complete, and accurate payment information and authorize Krea and Stripe to charge your payment method for all applicable fees. Your payment information is processed and stored by Stripe in accordance with its privacy policy. Krea does not store your full payment card details.

Business Subscription

Users with Business subscriptions may benefit from the following:

  • (a) Custom usage limits as specified on the Website;
  • (b) Full, unrestricted commercial use rights for all Outputs in accordance with Section 4.4.3;
  • (c) No Training on Customer Data: Krea will not use Business subscription Inputs or Outputs to train its AI models, in accordance with Section 4.4.4;
  • (d) Team collaboration features, including the ability to add multiple users to the Business account in accordance with Section 10;
  • (e) Administrative controls for managing team members;
  • (f) Priority technical support.

Business subscriptions may be purchased for organizations with multiple users. Additional terms for team management are set forth in Section 10.

Business subscription Inputs and Outputs will NOT be used by Krea to train its AI models, in accordance with Section 4.4.4.

Subscription Changes

Users may modify their Business subscription settings at any time through their account settings. Changes to subscription features or capacity may take effect immediately or at the end of the current billing period, as specified at the time of modification.

Auto-Renewal

Unless you opt out of auto-renewal through your account settings, your Business subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current rate.

To change or cancel your subscription at any time, go to your account settings. If you terminate a subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR KREA ACCOUNT BEFORE THE END OF THE RECURRING TERM. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, KREA WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

Refund Policy

Except as expressly provided in these Terms or as required by applicable law, all fees for subscriptions are non-refundable. Krea does not provide refunds or credits for any partial use, non-use, or early cancellation of subscriptions.

If you believe you were charged in error, please contact [email protected] within thirty (30) days of the charge.

TEAM ACCOUNTS

General Applicability

This Section applies to Business subscriptions that include or permit multiple user seats, allowing organizations or individuals to provide access to the Services for additional users (collectively, "Team Members").

Account Structure

Business subscriptions with team features are managed by an Account Owner. The Account Owner is the individual or legal entity that purchases the subscription and is responsible for managing Team Member access.

Account Owner Responsibilities

The Account Owner is responsible for:

  • (a) Inviting and managing Team Members;
  • (b) Ensuring all Team Members comply with these Terms;
  • (c) All activities conducted through the account by any Team Member;
  • (d) Payment of all fees associated with the subscription;
  • (e) Informing Team Members that the Account Owner may access and manage their work and account activity.

Team Member Access

  • (a) Team Members access the Services through individual accounts linked to the Account Owner's subscription.
  • (b) Each Team Member must accept these Terms upon joining.

Account Owner Rights

The Account Owner may:

  • (a) View Team Member account activity and usage;
  • (b) Access, modify, or delete content created by Team Members through the subscription;
  • (c) Add or remove Team Members;
  • (d) Manage Team Member permissions and settings.

Team Member Acknowledgments

By joining a team account, Team Members acknowledge and agree that:

  • (a) The Account Owner is responsible for the subscription and all activities under it;
  • (b) The Account Owner may access, use, or delete content they create through the team account;
  • (c) Their use is subject to these Terms and any additional policies established by the Account Owner;
  • (d) If their access is revoked, they may lose access to content created through the team account.

Content Ownership in Team Accounts

Unless otherwise agreed in writing between the Account Owner and Team Members:

  • (a) Content created by Team Members using the team account is controlled by the Account Owner;
  • (b) The Account Owner retains access to all content created during a Team Member's access period, even after the Team Member is removed.

For Business subscription team accounts, the no-training commitment in Section 4.4.4 applies to all content generated through the team account, regardless of which Team Member created it.

Team Account Termination

Upon cancellation or termination of a Business subscription with team features:

  • (a) All Team Member access to Business plan will be revoked;
  • (b) Account Owners should export any content they wish to retain prior to termination;
  • (c) Content generated during the Business subscription will continue to be subject to the no-training commitment in Section 4.4.4.

What if I want to stop using the Services?

You're free to do that at any time by contacting us at [email protected]; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Krea is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Krea has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at [email protected] – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

What else do I need to know?

Warranty Disclaimer. Krea and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Krea and all such parties together, the "Krea Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Krea Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Krea Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY KREA (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE KREA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO KREA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Krea Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Krea's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Krea and limits the manner in which you can seek relief from Krea. Both you and Krea acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Krea's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Krea will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Krea will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Krea may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND KREA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Krea are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Krea over whether to vacate or enforce an arbitration award, YOU AND KREA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Krea is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 781 Beach St, Floor 2, San Francisco, CA, 94109 , postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Krea to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Krea agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Francisco County, California, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Krea.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Krea may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Krea agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Krea, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Krea, and you do not have any authority of any kind to bind Krea in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Krea agree there are no third-party beneficiaries intended under these Terms.