Effective Date: August 9th, 2025

These Terms of Service (“Terms”) govern your access to and use of the services, websites, tools, and platforms (collectively, the “Services”) operated by Cybernetic Creative Inc. (“Cybernetic Creative,” “we,” “us,” or “our”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree with any part of these Terms, please do not use the Services.

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1. Overview

Cybernetic Creative provides AI-enhanced creative services, automation workflows, and subscription-based offerings to help businesses scale content production efficiently. You may access our Services on a project basis, via monthly subscription, or through a custom agreement.

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2. Eligibility

To use the Services, you must:

• Be at least 18 years old and capable of entering into a legally binding agreement;

• Use the Services on behalf of a business or organization (not for personal use); and

• Agree to comply with these Terms and all applicable laws.

We reserve the right to refuse service to anyone, at any time, for any reason.

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3. Subscriptions & Payments

Certain Services are provided on a monthly or project-based subscription model.

a. Subscription Tiers

Our standard offerings include creative services, automation flows, and briefless options across multiple tiers. Custom plans may also be available.

b. Payment Terms

• Fees are due upfront unless otherwise agreed in writing.

• Payments are processed securely through third-party providers.

• Subscriptions auto-renew monthly unless canceled in advance.

c. Late or Failed Payments

We may suspend or terminate Services for late or failed payments. Reactivation may require payment of outstanding balances.

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4. Cancellations & Refunds

You may cancel your subscription at any time via your client dashboard or by contacting us at support@cyberneticcreative.com. Cancellations take effect at the end of your billing period.

Refunds are granted at our sole discretion and typically only in the event of service failure or material breach on our part. We do not offer pro-rated refunds for partially used billing periods.

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5. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

• Reverse-engineer, resell, or commercially exploit our platform or workflows;

• Submit unlawful, infringing, or harmful content;

• Interfere with the operation of our systems or networks;

• Misrepresent your identity or affiliation;

• Circumvent usage limits or subscription caps.

You are responsible for all activity under your account, including any unauthorized use resulting from failure to secure your login credentials.

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6. Intellectual Property

All materials created through the Services—such as images, videos, copy, designs, and automation outputs—are yours upon full payment, unless otherwise agreed.

Cybernetic Creative retains ownership of:

• All pre-existing IP, tools, scripts, automation flows, and platforms developed internally;

• The AI workflows, systems, and methods used to deliver your creative assets.

You may not reuse or license our proprietary tools, prompts, or infrastructure without written permission.

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7. Confidentiality

We treat all client information, brand guidelines, and in-development materials as confidential. You agree to do the same for our internal systems, pricing, and processes.

Both parties agree not to disclose confidential information to third parties, except as required by law or with written consent.

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8. Warranties & Disclaimers

We strive to deliver high-quality creative work aligned with your brand. However, we do not warrant that:

• The Services will be error-free, uninterrupted, or meet all expectations;

• AI-generated outputs will always be free of artifacts, inconsistencies, or compliance issues;

• Use of our Services will result in specific outcomes or performance metrics.

To the maximum extent permitted by law, the Services are provided “as is” and “as available” with no express or implied warranties.

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9. Limitation of Liability

To the fullest extent permitted by law, Cybernetic Creative shall not be liable for:

• Any indirect, incidental, or consequential damages;

• Loss of revenue, data, goodwill, or profits;

• Errors or omissions in creative work after your final approval;

• Any damages exceeding the total amount paid to us in the 90 days preceding the claim.

Some jurisdictions may not allow certain limitations, in which case our liability will be limited to the extent permitted by law.

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10. Indemnification

You agree to indemnify and hold harmless Cybernetic Creative, its officers, employees, contractors, and affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Services;

• Your breach of these Terms;

• Your violation of third-party rights (e.g., copyright, trademark).

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11. Termination

We may suspend or terminate your access to the Services at any time if:

• You violate these Terms;

• You fail to pay required fees;

• Your account is inactive for an extended period; or

• We choose to discontinue part or all of the Services.

Upon termination, you will lose access to platform tools and support but may retain completed deliverables.

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12. Governing Law & Dispute Resolution

These Terms are governed by the laws of [Insert Province/State and Country], without regard to conflict of law principles.

In the event of a dispute, both parties agree to:

1. Attempt informal resolution via good-faith discussion.

2. If unresolved, engage in confidential mediation before pursuing legal action.

3. Submit to the exclusive jurisdiction of the courts in [Insert City/Province].

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13. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a revised effective date. Your continued use of the Services after changes become effective constitutes acceptance.

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14. Chargebacks & Payment Disputes

You agree that any payment disputes or refund requests must be submitted to billing@cyberneticcreative.com prior to initiating a chargeback with your bank or payment provider.

Unauthorized chargebacks or payment reversals for Services already rendered may be treated as fraudulent under applicable law. We reserve the right to:

• Dispute and reverse any chargebacks with evidence of service delivery or communication;

• Terminate or suspend your access to the Services without refund;

• Engage a collections agency or pursue legal action to recover owed amounts, including reasonable legal and administrative fees.

By using our Services, you acknowledge that:

• Creative work, custom automation, and AI outputs are non-refundable once delivered, unless otherwise agreed in writing;

• Subscription fees cover access to both creative production and underlying platform infrastructure (e.g., AI training, project setup, dedicated memory), and are not contingent on volume of output alone;

• Chargebacks used to circumvent our refund policy may result in permanent termination of your account and forfeiture of future service eligibility.

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15. Contact

For any questions about these Terms, please contact:

📩 legal@cyberneticcreative.com

Cybernetic Creative Industries