These Createrun Store Terms (the "Store Terms") govern how you browse, acquire, install and use apps, site designs, libraries and other items (each an "Item") made available through the Createrun Store at store.createrun.ai (the "Store"). The Store is operated by Createrun Incorporated, a New York corporation ("Createrun", "we", "us"). "You" means the individual who acquires an Item or, where an individual acts for an organization, that organization and the individual who acts for it.
These Store Terms supplement the Createrun Terms of Service. If these Store Terms conflict with the Terms of Service on a matter concerning the Store or Items, these Store Terms prevail for that matter only.
1. Scope and parties
1.1 What the Store is. The Store is a catalog and delivery service. It lists Items offered by Createrun ("Createrun Items") and Items offered by independent third parties ("Publishers" and "Third-Party Items"). Each listing states who the Publisher of the Item is.
1.2 Createrun Items. Createrun Items are provided by Createrun under the Createrun Terms of Service and any product-specific terms referenced in the listing. Sections 2, 4, 6, 7.1, 8.5 and 10.2 of these Store Terms, which concern Third-Party Items, do not apply to Createrun Items.
1.3 Third-Party Items. Third-Party Items are provided by their Publishers, not by Createrun. Publishers are independent businesses. They are not Createrun's employees, partners or agents, except to the limited extent described in Section 2. A listing in the Store does not mean that Createrun endorses, sponsors or is affiliated with a Publisher or an Item.
1.4 Individuals and businesses. Both individuals and organizations may acquire Items. If you acquire an Item as a consumer, nothing in these Store Terms limits or excludes any mandatory consumer protection right that you have under the laws of the country or state where you live, and provisions that disclaim warranties or limit liability apply to you only to the maximum extent permitted by those laws.
2. Contract formation
2.1 Your contract for a Third-Party Item is with the Publisher. When you acquire a Third-Party Item, whether free or paid, you enter into a contract directly with the Publisher of that Item on the Publisher's end-user terms (the "Publisher Terms"). Createrun is not a party to the Publisher Terms and is not bound by them.
2.2 Createrun's role in paid acquisitions. Paid checkout for Third-Party Items is being introduced in stages and may not be available for every Item. Where it is available, Createrun's role is as follows:
Createrun acts as the Publisher's non-exclusive agent and commissionaire for the sale. Createrun presents the price, concludes the order and collects payment through its payment processor in its own name but on the Publisher's behalf and for the Publisher's account. Createrun therefore appears on your payment statement as the seller and payment collector. Your payment to Createrun discharges your payment obligation to the Publisher for that order.
The right to use the Item is licensed to you by the Publisher under the Publisher Terms, not by Createrun. The Publisher remains responsible for the Item, its performance, its support and its data practices, as described in these Store Terms. Createrun has no authority to make any other commitment on the Publisher's behalf.
2.2A Publisher status. Each listing states the Publisher's name and whether the Publisher has declared itself to be acting as a trader (a business) or not. Where a Publisher is not a trader, consumer protection rights that apply only to purchases from traders may not apply to your contract with that Publisher. Createrun relies on the Publisher's declaration.
2.3 Items sold outside the Store. Some Publishers may charge you directly, outside the Store. Those charges are solely between you and the Publisher. Createrun does not process them and has no responsibility for them.
2.4 Order confirmation. An acquisition is complete when the Store confirms it in your console. Createrun may decline or cancel an order that appears fraudulent, unlawful or erroneous, including an order placed at an obviously mistaken price.
3. Instance-bound acquisition and installation
3.1 Acquisition per instance. Items are acquired for a specific Createrun instance registered to your organization (an "Instance"). Unless the listing states otherwise, an acquisition entitles you to install and use the Item on that Instance only.
3.2 Installation. Items are installed through your Instance's console. You decide which Items to install, which Instances to install them on, which permissions and data access to grant them, and when to update or remove them.
3.3 Transfers. You may not transfer an acquisition to another organization. You may move an acquisition to another Instance of your organization only where the Store or the listing provides a way to do so. [DECISION: whether and how instance-to-instance moves are permitted, and whether the Publisher may opt out.]
3.4 Your responsibility for your Instance. You are responsible for your Instance, for evaluating each Item before you install it, for testing it in a non-production environment where appropriate, for keeping backups, and for the consequences of installing, configuring and running Items in your environment.
4. Publisher Terms and privacy
4.1 Read them before you install. Each Third-Party Item is governed by its Publisher Terms and the Publisher's privacy policy, which the Publisher must make available in or through the listing. You are responsible for reviewing them before you acquire or install the Item.
4.2 Default licence for free Items. If a Publisher offers a free Item without its own Publisher Terms, the default licence in Section 10 applies between you and the Publisher.
4.3 Publisher data practices. A Publisher is responsible for its own handling of any data its Item collects, receives or transmits, including personal data, in accordance with applicable data protection laws and its privacy policy. Createrun is not responsible for any access to, use, disclosure, modification or deletion of your data by a Third-Party Item or its Publisher.
4.4 Your own obligations. Where you use an Item to process personal data of your own users or customers, you remain responsible to them for that processing, including for any agreement you need with the Publisher.
5. Review, signing and badges
5.1 What review means. Createrun reviews Items submitted to the Store against its published program requirements using automated checks, manual checks or both. Review is a process step. It is limited in scope and is not a security audit, code audit or certification.
5.2 What signing means. Item packages are cryptographically signed. A valid signature indicates that the package came from the account that signed it and has not been altered since it was signed. It does not indicate that the package is safe, correct or free of defects.
5.3 What badges mean. Some Publishers may display a "Verified publisher" badge or other badge. A badge confirms only that the Publisher completed the verification or program steps associated with that badge at the time it was granted. Createrun may revoke, suspend or change any badge at any time.
5.4 No warranty from review, signing or badges. Review, signing and badges are not a warranty, representation or guarantee by Createrun of the security, quality, legality, accuracy, performance, compatibility or fitness for any purpose of any Item or Publisher. They do not shift responsibility for an Item from its Publisher to Createrun.
6. Third-Party Items are provided "as is" by Createrun
6.1 As between you and Createrun, Third-Party Items are made available through the Store "as is" and "as available", with all faults and without warranty of any kind from Createrun, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, security or uninterrupted or error-free operation. These disclaimers apply even if Createrun has reviewed, signed or approved an Item or granted its Publisher a badge.
6.2 Any warranty for a Third-Party Item is given, if at all, by its Publisher under the Publisher Terms. Createrun has no liability or responsibility for Third-Party Items, their Publishers or the Publisher Terms.
6.3 Createrun does not guarantee the continued availability of any Item, of any Publisher, or of any platform feature that an Item relies on.
7. Support
7.1 Third-Party Items. Support for a Third-Party Item is the Publisher's responsibility, through the support channel stated in its listing. Createrun has no obligation to support, maintain, update, fix or answer questions about any Third-Party Item, and does not have access to change it.
7.2 Createrun Items. Support for Createrun Items is provided as described in the Createrun Terms of Service and the support policy for your plan.
7.3 The Store itself. For questions about the Store, your acquisitions or your Store account, contact support@createrun.com.
8. Payments, taxes and refunds
8.1 Prices. The Publisher sets the price of each Third-Party Item. Prices are shown in the Store before you confirm an order. Unless the Store states otherwise, prices exclude applicable taxes.
8.2 Payment processing. Payments are currently processed through Stripe. Createrun may add other payment methods in the future; any such method will be offered through Createrun's checkout. Your use of a payment method is also subject to the processor's and your payment provider's terms. Createrun does not store full payment card numbers.
8.3 Subscriptions and trials. Where an Item is sold on a recurring basis or with a trial, the listing and checkout state the billing interval, the amount, when a trial converts to a paid subscription and how to cancel. A recurring charge continues until you cancel it, which you can do online at any time in your console. Cancellation takes effect at the end of the current billing period unless the Publisher Terms say otherwise.
8.4 Taxes. Where applicable law makes Createrun, as the operator of a marketplace or as the party deemed to make the supply, responsible for sales tax, value-added tax or a similar tax on your purchase, Createrun calculates, collects and remits that tax. Applicable taxes are shown at checkout before you confirm your order, and your receipt states the tax charged. You are responsible for any tax you are required to self-assess, and for providing accurate billing and tax information, including any tax registration number that affects how tax is applied.
8.4A Digital content and withdrawal rights. Items are digital content supplied by download or installation. Where applicable law gives you a right to withdraw from a purchase of digital content, you will be asked at checkout to agree that supply begins immediately and to acknowledge that you lose your right of withdrawal once supply has begun. If you do not give that consent and acknowledgement, the Item is not supplied until the withdrawal period has ended.
8.5 Refunds for Third-Party Items. Refunds for Third-Party Items are governed by the Publisher's refund policy, stated in or linked from the listing. If a Publisher has no stated refund policy, purchases are final once confirmed, except where applicable law requires otherwise. In exceptional cases, Createrun may issue a refund at its own discretion, for example where an Item was removed for a policy or legal reason. A discretionary refund in one case does not create an obligation to refund in any other case.
8.6 Refunds for Createrun Items. Createrun Items follow the refund terms in the Createrun Terms of Service. Fees for Createrun Items are generally non-refundable. Createrun may grant a refund at its discretion in exceptional cases.
8.7 Chargebacks. Please contact the Publisher, or support@createrun.com for Store payment issues, before disputing a charge with your payment provider. Createrun may suspend Store purchases for an account involved in chargebacks that Createrun reasonably considers abusive.
9. Removal, disabling and uninstallation
9.1 Delisting. Createrun may stop offering any Item in the Store, or change or remove a listing, at any time and for any reason, including at the Publisher's request.
9.2 Disabling harmful Items. If Createrun reasonably believes an Item is malicious, contains a serious security vulnerability, infringes third-party rights, violates law or Createrun's policies, or is causing harm to you, to other customers or to the platform, Createrun may, with or without prior notice, use the technical means available to it to stop new installations, block updates, revoke the Item's signature, and disable or remove the Item from Instances where the platform supports doing so.
9.3 Your duty to uninstall. If Createrun notifies you that an Item must be removed for any reason described in Section 9.2, you must uninstall it promptly.
9.4 Effect on you. Delisting or disabling an Item may affect your use of it and of data it manages. Createrun is not liable for that effect. Any remedy for the loss of a paid Third-Party Item lies against the Publisher under the Publisher Terms, subject to Section 8.5.
9.5 Your data. You are responsible for exporting any data you need from an Item before you uninstall it. After uninstallation, a Publisher must delete your data it received through the Item in accordance with its obligations to Createrun and its privacy policy.
10. Free Items, trials and the default licence
10.1 Free Items. Some Items are offered at no charge. Free Items are provided "as is", without warranty, support or indemnity from Createrun, and may be changed or withdrawn at any time.
10.2 Default licence. If a Publisher offers a free Item without its own Publisher Terms, the following licence applies between you and the Publisher:
- The Publisher grants you a non-exclusive, non-transferable, royalty-free licence to install and use the Item, on the Instances for which you acquired it, for your internal business purposes, and to modify it for those purposes.
- You may not sell, sublicense or redistribute the Item as a standalone product, or remove the Publisher's copyright or other notices.
- THE ITEM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLISHER IS NOT LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY ARISING FROM THE ITEM OR ITS USE.
- The Publisher retains all intellectual property rights in the Item. Createrun is not a party to this licence.
10.3 Trials. A free trial of a paid Item converts to a paid subscription at the end of the trial unless you cancel before then, as stated at checkout.
11. Limitation of liability
11.1 Disputes with Publishers. Any dispute about a Third-Party Item, including its functionality, security, data practices, support, pricing or refund, is between you and the Publisher. To the maximum extent permitted by applicable law, you release Createrun from claims arising from such a dispute.
11.2 Excluded damages. To the maximum extent permitted by applicable law, Createrun is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, use or goodwill, or for business interruption, arising out of or relating to the Store or any Item, however caused and on any theory of liability.
11.3 Cap. To the maximum extent permitted by applicable law, Createrun's total aggregate liability arising out of or relating to the Store and Third-Party Items is limited to the amounts you paid through the Store for the Item giving rise to the claim in the twelve (12) months before the event giving rise to the claim. If you paid nothing, Createrun has no liability to you, to the extent the law allows. [DECISION: whether to add a fixed floor, for example USD 100.] Liability for Createrun Items is governed by the Createrun Terms of Service.
11.4 Non-excludable liability. Nothing in these Store Terms limits liability that cannot be limited under applicable law.
12. Intellectual property notices, changes and governing law
12.1 Infringement notices. If you believe an Item or listing infringes your intellectual property rights, send a notice to legal@createrun.com identifying the Item, the work or mark concerned, your contact details and the basis of your claim. Createrun may forward your notice to the Publisher and may remove or disable the Item. Notices of copyright infringement may also be sent to Createrun's designated copyright agent, as described in Section 21 of the Createrun Terms of Service.
12.2 Reviews and ratings. If you post a review or rating, it must reflect your genuine experience. Createrun may remove reviews that are false, abusive, incentivised or unlawful.
12.3 Changes. Createrun may change these Store Terms. Material changes are announced in the Store or by email to your account before they take effect. Changes apply to acquisitions made after the effective date. Continued use of the Store after that date means you accept the changed terms.
12.4 Governing law and disputes. Section 22 of the Createrun Terms of Service (Governing Law and Disputes) applies to these Store Terms and to any dispute arising out of or relating to the Store, including its provisions for consumers and for business customers.
12.5 Publisher Terms. The law and forum governing your relationship with a Publisher are those stated in the Publisher Terms.
12.6 Contact. Legal notices: legal@createrun.com. Store support: support@createrun.com.
Related: Terms of Service · Privacy Policy · Acceptable Use Policy · Data Processing Addendum · Subprocessors · Cookie Notice · Publisher Agreement · Paid Apps Addendum · Security