Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or the entity you represent, "Customer") and Kreativa Tech S.A. ("Kreativa", "we", "us"). By accessing our website at kreativacr.com or using our cybersecurity platform ("Services"), you confirm that you:

• Have authority to bind yourself or your organization to these Terms
• Are at least 18 years of age
• Have read and agree to these Terms and our Privacy Policy

If you are accepting on behalf of a company, the company's separate Master Services Agreement (MSA) governs over these Terms where they conflict.

2. Description of Services

Kreativa Tech provides AI-powered cybersecurity services including threat detection, incident response automation, compliance monitoring, and security analytics ("Platform"). Services are provided on a subscription basis and may include:

• 24/7 AI-driven threat monitoring and alerting
• Automated incident response and triage workflows
• Compliance reporting dashboards (SOC 2, ISO 27001, HIPAA, PCI-DSS, GDPR)
• API access and integrations with third-party security tools
• Professional services, training, and support

We reserve the right to modify, suspend, or discontinue features with reasonable notice. We will not make material reductions to core Platform functionality without 90 days' written notice to active subscribers.

3. Accounts and Access

Account Registration

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the security of your credentials and for all activities that occur under your account.

Authorized Users

You may provision access for users within your organization ("Authorized Users"). You are responsible for ensuring Authorized Users comply with these Terms. You must promptly notify us of any unauthorized access or security breach at security@kreativacr.com.

Multi-Factor Authentication

We strongly recommend enabling multi-factor authentication. For Enterprise subscriptions, MFA enforcement is required by default. We may require MFA for any account at our discretion.

4. Acceptable Use

You agree to use the Services only for lawful purposes consistent with these Terms. You must not:

• Use the Services to monitor, scan, or attack systems you do not own or have explicit written authorization to test
• Attempt to reverse-engineer, decompile, or disassemble the Platform
• Share, resell, or sublicense access to the Services without written consent
• Circumvent, disable, or interfere with security features
• Upload malware, exploit code, or content that violates applicable law
• Use the Platform to violate the privacy rights of any individual
• Engage in any activity that imposes unreasonable load on our infrastructure

Violation of the Acceptable Use policy may result in immediate suspension or termination of your account without refund.

5. Subscriptions and Payment

Billing

Subscriptions are billed in advance on a monthly or annual basis. All fees are stated in US Dollars unless agreed otherwise in your Order Form. Fees are non-refundable except as expressly stated in these Terms or required by law.

Price Changes

We will give at least 60 days' written notice before increasing subscription fees. Price increases take effect at your next renewal cycle after the notice period.

Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or levies imposed by your local jurisdiction.

Overdue Payments

Invoices unpaid after 30 days may result in service suspension. We will provide at least 7 days' notice before suspending an account for non-payment. Accounts suspended for non-payment for more than 60 days may be terminated and data deleted per Section 13.

Free Trials

Any free trial offer is subject to separate trial terms communicated at sign-up. At the end of a trial, your access will cease unless you convert to a paid subscription. We do not charge a credit card without your explicit consent.

6. Intellectual Property

Our IP

Kreativa Tech and its licensors own all rights, title, and interest in the Platform, including all software, AI models, threat intelligence feeds, documentation, and branding. These Terms do not grant you any ownership rights; we grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription.

Your IP

You retain all ownership of your data, configurations, and any content you upload to the Platform ("Customer Content"). You grant us a limited license to process Customer Content solely to provide the Services.

Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us the right to use that feedback without restriction or compensation to you. We appreciate all input that helps improve the Platform.

7. Customer Data

We process your security event data and related Customer Content as a data processor on your behalf. Our handling of personal data within Customer Content is governed by our Data Processing Agreement (DPA), which is incorporated by reference into these Terms for customers subject to GDPR or applicable data protection law. To request our DPA, email legal@kreativacr.com.

We implement and maintain appropriate technical and organisational measures to protect Customer Content, as described in our Security Documentation. We do not access Customer Content except to provide the Services, comply with legal obligations, or with your explicit consent.

8. Confidentiality

Each party may receive confidential information of the other ("Confidential Information"). Both parties agree to: (a) keep Confidential Information confidential using at least the same care as they use for their own confidential information, and no less than reasonable care; (b) use Confidential Information only as necessary to perform obligations under these Terms; and (c) limit disclosure to personnel with a need to know who are bound by confidentiality obligations.

This obligation does not apply to information that is or becomes publicly known through no breach of this agreement, was already known to the recipient, or is required to be disclosed by law (with reasonable advance notice to the disclosing party where permitted).

9. Service Level Agreement

For paid subscribers, we target the following service levels:

• Platform uptime: 99.9% monthly uptime, excluding scheduled maintenance and force majeure events
• Alert response latency: Critical threat alerts delivered within 60 seconds of detection
• Scheduled maintenance: We will provide 48 hours' advance notice for planned downtime

If monthly uptime falls below 99.9%, you may request a service credit equal to 10% of the monthly fee for each full 0.1% below the target, up to a maximum of 30% of the monthly fee. Credits are your sole remedy for uptime failures. Service credits do not apply to downtime caused by your actions, third-party services outside our control, or force majeure events.

Detailed SLA terms are available in your Order Form or MSA.

10. Warranties and Disclaimers

We warrant that: (a) we have the authority to enter into these Terms; (b) the Services will materially conform to their documentation; and (c) we will implement reasonable security measures.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• KREATIVA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM

These limitations apply regardless of the theory of liability (tort, contract, statute, etc.) and regardless of whether such damages were foreseeable. Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Kreativa Tech and its officers, directors, employees, and agents against any claims, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Services in violation of these Terms; (b) your Customer Content; (c) your violation of any applicable law or third-party rights.

We will indemnify you against third-party claims that the Platform itself (excluding your Customer Content or configurations) infringes a valid intellectual property right, provided you give us prompt written notice and allow us to control the defense.

13. Termination

Termination by you

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for unused portions of a billing period unless required by law.

Termination by us

We may terminate your account immediately for material breach of these Terms (including Acceptable Use violations) or with 30 days' written notice for any other reason. We will provide 90 days' notice before terminating a service we are discontinuing.

Effect of termination

Upon termination, your access to the Services ceases. We will retain Customer Content for 30 days following termination to allow you to export it. After 30 days, we will delete or anonymise Customer Content in accordance with our data retention policies, unless a longer period is required by law.

14. Disputes and Governing Law

These Terms are governed by the laws of the Republic of Costa Rica, without regard to conflict of law principles. Any dispute that cannot be resolved informally will be submitted to binding arbitration in San José, Costa Rica, administered under the rules of the Costa Rican Chamber of Commerce.

Notwithstanding the above, either party may seek emergency injunctive relief in any court of competent jurisdiction to prevent irreparable harm. Nothing in this section limits your statutory rights as a consumer under applicable law.

Class action waiver: You agree to resolve any disputes on an individual basis and waive the right to participate in class action proceedings to the extent permitted by applicable law.

15. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms at this URL and update the "Last updated" date. For material changes, we will provide at least 30 days' advance notice via email to account administrators. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you disagree with a material change, you may terminate your subscription before the effective date for a pro-rated refund.

16. Contact

For legal questions, contract requests, or to report violations:

Email: legal@kreativacr.com
Post: Kreativa Tech S.A., Attn: Legal Team, San José, Costa Rica

For security issues or responsible disclosure: security@kreativacr.com