Any visitor or user is required to read the Terms of Use of the service before using the CREATIWE Services. Terms are updated at least once a year. Users must assume full responsibility for the actions taken with the service and its contents.

This is a market research IT System that should be used reasonably – in accordance with generally accepted standards of conduct, ethics and reasonable limits. The system may not be used for malicious or unlawful purposes such as hatred, bullying and illegal distribution of copyright objects, and unauthorized access to data or tampering with the System. Content can be removed immediately if it harasses someone, infringes copyrights or overloads the System.

Users on the site can order research services for market driven business development (further – Clients) and register as participants, to involve in researches (further – Participants). Both Clients and Participants are responsible for the decision to place an order and accept it for execution. All explanatory information is sent via email. Payments are refunded only if the result does not match the approved survey project in all other cases payments are not refunded as you were provided an option to trial the service. Research deliverables are personalized and made for your unconditional order.

General

Please read carefully before using the creatiwe.lv and creatiwe.eu website or other subdomains of these domains (further the “Service”) operated by CREATIWE Ltd., registration number 40103962666, (further – “CREATIWE,” “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.
If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization.

Conduct of service – Participant

All information received from participants in the registration process is only available to the responsible employee of Creatiwe and under no circumstances is it exported outside the database system. It is used only for the selection of participants by Creatiwe’s responsible employee and even anonymised data is not extracted from the database and is not passed on to any third party. 

Participants in studies initiated and sponsored by CREATIWE or Client, including but not limited to written studies, written/online/video/practical researches, Experimental Groups, communities, idea exchanges, and online surveys, regardless of how and on what platform they are performed, participate absolutely voluntarily. The right to participate is contingent upon observing all applicable legal restrictions and commonly-accepted rules and norms of civility and appropriateness. CREATIWE reserves sole and absolute discretion as to what constitutes appropriate behaviour and retains the right to restrict or bar access to users who violate this stipulation.

When you create an account and/or register as Participant, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and participation on our Service.

You are responsible for safeguarding the password and e-mail account that you use to access the Service and for any activities or actions under your password and e-mail account, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or e-mail.

Service is not intended for and may not be used by people under the age of 15. By using our Service, you are representing to us that you are over age of 15.

Conduct of service – Client

Our Service let Service receiver (further – Client) set the survey in written, video interview or user experience research format. Clients information, files, testing goods and other materials will be shared with and spread to response group, so Client have to prepare and deliver it to Creatiwe with a caution. Client is not allowed to distribute, copy, upload, download or share content and goods unless Client have the right to do so.

On the Service, it is forbidden to carry out and submit, send or share the information (including photos, video and audio materials) that:

• infringes or violates the third parties` intellectual property (copyrights, etc.) rights;
• infringes personal dignity and respect;
• incite violence, racial hatred, or other illegal activities;
• is vulgar or otherwise offensive;
• contains software viruses or designed to harm the computer or electronic communications software operation (security);
• is uncoordinated advertising, chain letters, spam, etc.;
• is information of any other kind that affects or could affect the operation and safety of the Service;
• violates laws and regulations.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so.

Copyright and Takedown requests

We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Billing terms

Client

Client sponsored surveys are fulfilled only upon receipt of payment agreed in Project Sketch. Client is responsible for all applicable taxes, and Creatiwe will charge tax when required to do so, the tax will be added in Project Sketch.

Refund is applicable only if Service is not delivered as agreed in Project Sketch. Otherwise Client may cancel the Service at any time but won’t be issued a refund unless it’s legally required, due to nature of the Service.

The price of Service is calculated upon request of new survey from the Client and is agreed in Project Sketch.

Participant

After registering as Participant on the Creatiwe Portal, Creatiwe undertakes to verify it as far as possible and to register a profile that meets the verification criteria in an Participant Group to which Survey Assignments may be sent.

The Participant undertakes to regularly check the indicated e-mail address and accept the Survey Assignments, as well as to comply with the basic rules specified therein, including – the deadline, Deliverables and quality requirements. In the Survey Assignment, Creatiwe indicates the value of the remuneration for the survey task executed in accordance with the rules. The Expert undertakes to complete the Survey Assignment and send Deliverables to Creatiwe. Creatiwe has the right to check that the Survey Assignment has been completed in accordance with the rules. If the Survey Assignment is not fulfilled in accordance with the rules, Creatiwe shall send a Notice to the Expert stating the reasons for the non-performance and the reasons for not awarding remuneration for the specific task. If the task is performed in accordance with the rules, Creatiwe sends the Expert a notification with the current amount of remuneration accrued to the Expert in his profile.

An expert may request the payment of compensation as soon as its savings exceeds 20,- EUR. Expert is responsible for all applicable taxes and money transfer fees, and Creatiwe will charge tax when required to do so, the tax and predicted money transfer fee will be calculated and included in Sample Payment form.
Creatiwe will send to the Expert a Sample payment form, in which the Expert will provide the information required for payment, including account information. Expert is responsible for accuracy of payment data. The Payment Form includes a verification question, the answer to which can be found in the Expert’s registration data.

The Expert is responsible for ensuring that his / her profile and e-mail are not accessed by others. Creatiwe shall not be liable if another person who has accessed the Expert’s profile or e-mail information has requested and received compensation payment on his or her behalf.

Termination

You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others’ use of the Service. Except for sponsored Services.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, CREATIWE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CREATIWE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CREATIWE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF THE AMOUNTS PAID BY CLIENT TO CREATIWE FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.

Governing Law and resolving of disputes

All disputes between CREATIWE and users shall be resolved through negotiations. We want to address your concerns without needing a formal legal case. Before filing a claim against CREATIWE, you agree to try to resolve the dispute informally by contacting support@creatiwe.lv. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or CREATIWE may bring a formal proceeding. Then they shall be settled in a court of the Republic of Latvia in accordance with the Terms and laws and regulations of the Republic of Latvia.

Entire Agreement

These Terms constitute the entire agreement between Client or Expert and CREATIWE with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Intellectual Property

The entire contents of CREATIWE services, this website and research materials and techniques, marketing materials, designs, formulations and other information, except where otherwise indicated, are the sole intellectual property of CREATIWE. Data from client-sponsored studies, researches, video materials and Experimental Group research materials and techniques, is the property of CREATIWE. Receipt of all payments from Client ensures the transfer of the Right to use of the Copyright object – project Deliveries, to the Client. Contents from the site may not be republished or retransmitted in any amount except with written permission from CREATIWE.

Notification of Changes

The contents of the website, the offerings and information it describes and these Terms of Use, are subject to periodic elaboration without notice. Website users are responsible for reading the Terms of Use to be aware of revisions and additions.

Effective Date: Terms were last revised on October 8, 2021.