Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Bentley Vu, a sole trader based in the Australian Capital Territory, Australia (“we”, “us”), who operates CreativeDoctor at https://creativedoctor.app (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.

If you use the Service for a business or organisation, you confirm you are authorised to accept these Terms on its behalf, and “you” includes that business or organisation.

• You must be at least 18 years old to use the Service.
• Give accurate account information, keep your password secure, and tell us promptly if you think your account has been accessed without permission. You are responsible for activity on your account.
• Each person or business may use one free analysis. Creating multiple accounts to obtain additional free analyses is not allowed, and we may limit free usage to prevent abuse.

CreativeDoctor analyses advertising creatives you upload, together with any ad copy, campaign details and landing page you provide, and produces a report containing a creative assessment, potential issues, recommendations, alternative hooks, headlines and calls to action, creative concepts and a suggested testing plan.

We may improve, change or remove features over time. If we remove a core feature of a paid plan, we will tell you in advance.

Reports are generated by artificial intelligence. Scores and assessments are heuristics based on creative best practices. They are not predictions, and we do not promise or guarantee any advertising result, including click-through rate, return on ad spend, conversions, sales or revenue. Testing ideas are hypotheses, not guaranteed improvements.

AI output can be inaccurate, incomplete or unsuitable for your situation. Before relying on or publishing any output, you are responsible for:

• reviewing it and deciding whether to use it;
• making sure your ads, claims, prices and offers are truthful and can be substantiated;
• complying with the laws that apply to your advertising, including the Australian Consumer Law and other consumer-protection and advertising laws; and
• complying with the policies of the advertising platforms you use.

Rewritten copy is designed to keep your original claims, but we do not verify any claim in your ads or products.

• Paid plans are subscriptions billed in advance, monthly or annually, through our payment provider, Stripe. Prices are shown in US dollars and may be subject to applicable taxes.
• Subscriptions renew automatically at the end of each billing period until you cancel.
• Each plan includes a number of analyses per month. Allowances reset every month, including on annual plans. Unused analyses do not roll over.
• An analysis counts toward your allowance only when a report is successfully completed. If processing fails because of an error on our side or our AI provider's, it is not counted.
• You can upgrade, downgrade or switch between monthly and annual billing in the billing portal. Stripe calculates any prorated charge or credit and shows it to you before you confirm.
• If a payment fails, Stripe will retry it. New analyses are paused until payment succeeds; your existing reports remain available.
• We may change our prices. We will give you at least 30 days' notice before a price change applies to your next renewal, and you can cancel before then.

You can cancel at any time from Billing → Manage Billing. Cancelling stops the next renewal; you keep access to your plan until the end of the period you have paid for, and your reports stay in your account.

Payments are non-refundable except as set out in our Refund & Cancellation Policy or where required by law. Nothing in these Terms limits your rights under the Australian Consumer Law.

You keep ownership of everything you upload or enter (“Your Content”). You give us a non-exclusive, worldwide licence to store, copy, process and transmit Your Content, including to our service providers such as our AI provider, only as needed to provide, secure and support the Service for you. This licence ends when Your Content is deleted from the Service, except for copies we must keep by law or that remain for a short time in backups.

You confirm that you have the rights needed to upload Your Content and to let us process it as described, and that doing so does not infringe anyone else's rights or break any law.

Only submit landing-page URLs that are publicly accessible and that you are entitled to have analysed. We fetch public pages only and never attempt to access pages behind a login.

As between you and us, you may use the reports and ideas generated for you for any lawful purpose, and we assign to you any rights we have in them. Because AI can produce similar output for different users, we cannot promise that ideas generated for you are unique or exclusive.

You must not use the Service to:

• upload content that is unlawful, infringing, defamatory, obscene, or that promotes illegal products or services;
• upload malware, or content designed to manipulate or attack the Service or its AI systems;
• try to access other users' accounts, data or files, or any system we have not given you access to;
• use the landing-page feature to probe, scan or attack websites or networks, or to fetch pages you are not entitled to access;
• get around usage limits, rate limits or payment, including by creating multiple accounts or automating sign-ups;
• copy, scrape, resell, sublicense or provide access to the Service to others without our written permission;
• reverse engineer the Service, or use it or its output to build a competing product or train AI models; or
• overload, disrupt or interfere with the Service or its infrastructure.

The Service, including its software, design, text, prompts, example reports and branding, is owned by us or our licensors and is protected by law. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing. We keep all other rights.

The Service relies on third-party providers, including Stripe for payments and Anthropic for AI processing, and their own terms may also apply. CreativeDoctor is not affiliated with, endorsed by or sponsored by Meta, TikTok, Instagram, Shopify or any other advertising platform or brand named on our website.

We work to keep the Service available and reliable, but it may occasionally be unavailable because of maintenance, updates or events outside our control. Where possible, we will give notice of planned downtime.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law that cannot lawfully be excluded or limited.

Where the law allows us to limit our liability for failing to comply with a non-excludable guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

Except as stated in these Terms and to the extent permitted by law, the Service and all output are provided “as is” and “as available”, and we make no other warranties, express or implied, including about fitness for a particular purpose, accuracy of output, or advertising results.

To the maximum extent permitted by law, and subject to the Australian Consumer Law section above:

• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, advertising spend, data, goodwill or business opportunity, arising from or related to the Service or any output; and
• our total liability to you for all claims arising from or related to the Service is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or AUD 100 if you have not paid us anything.

These limits do not apply to liability that cannot be limited by law, such as liability for fraud.

If you use the Service for a business, you agree to compensate us for reasonable losses and costs arising from a third-party claim caused by Your Content, the ads you publish, or your breach of these Terms, except to the extent the claim was caused by us.

You can stop using the Service and ask us to close your account at any time by emailing hello@creativedoctor.app.

We may suspend or close your account if you seriously or repeatedly breach these Terms, if required by law, or to protect the Service or other users. Where reasonable, we will tell you first and give you a chance to fix the issue. If we close your account without cause, we will refund any prepaid fees for the unused part of your billing period.

We may update these Terms from time to time. If a change is material, we will give you at least 14 days' notice by email or in the app before it takes effect. If you keep using the Service after the change takes effect, the updated Terms apply; if you don't agree, you can cancel before then.

These Terms are governed by the laws of the Australian Capital Territory, Australia. You and we submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the courts that can hear appeals from them. If you are a consumer in another country, you may also have rights under the laws of the place where you live.

• These Terms, together with the Privacy Policy and the Refund & Cancellation Policy, are the whole agreement between you and us about the Service.
• If any part of these Terms is found to be unenforceable, the rest continues to apply.
• If we don't enforce a right straight away, we have not given it up.
• You may not transfer your account or these Terms without our consent. We may transfer them to a successor who takes over the Service.

Questions about these Terms? Email hello@creativedoctor.app.