Terms of Use
SoCreative Media Pty Ltd — www.socreative.com
Last Modified: 5 April 2026
This Service Agreement ("Agreement") is entered into between SoCreative Media Pty Ltd ("SoCreative," "we," "us," or "our") and the entity or individual agreeing to these terms ("Customer," "you," or "your"). This Agreement governs your use of our web platform at www.socreative.com (the "Platform") and the creative services provided through it (the "Services").
By creating an account, purchasing a subscription, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are accepting this Agreement on behalf of an organization, you represent that you have the authority to bind that organization.
SoCreative is operated from Australia. We may update this Agreement from time to time. Material changes will be communicated via email or in-platform notification. Your continued use of the Platform and Services after such notice constitutes acceptance of the revised terms.
1. Services
1.1 Description of Services
SoCreative provides a tech-enabled creative services platform that allows businesses to brief, manage, review, and receive creative work across the following service categories:
• Video production (including filming, editing, and post-production)
• Photography (on-location and studio, via our global photographer network)
• Graphic design (digital and print assets)
• Motion graphics and animation
• Presentation design
• Illustration and ideation
• AI-assisted creative services
1.2 Service Delivery
Services are delivered through the Platform. Standard turnaround times are 24 to 48 hours depending on project complexity and service type. Express delivery options may be available for certain project types. Turnaround times are estimates and not guaranteed unless expressly agreed in writing.
1.3 AI-Assisted Services
Certain Services may incorporate artificial intelligence tools for content generation, brief assistance, data processing, or creative production. AI-generated or AI-assisted content is provided on an as-is basis. SoCreative makes no warranty regarding the accuracy, originality, completeness, or non-infringement of AI-generated outputs. You are responsible for reviewing and approving all deliverables before use.
2. Subscriptions and Credits
2.1 Subscription Plans
SoCreative offers tiered subscription plans billed on a quarterly or annual basis. Each plan includes a set number of credits per billing period. Plan details, credit allocations, and pricing are displayed on the Platform at the time of purchase.
2.2 Credits
Credits are the unit of exchange for Services on the Platform. Each project type has a defined credit cost, which is displayed in real time when you submit a brief. Credit costs may vary by service type, complexity, and turnaround speed.
2.3 Credit Rollover and Expiry
Unused credits roll over to the next billing period for as long as your subscription remains active. Rolled-over credits are available for use alongside your new credit allocation. Upon cancellation of your subscription, all remaining credits (including rolled-over credits) will expire 30 days after the cancellation date. During this 30-day wind-down period, you may continue to submit projects and use your remaining credits, but no new credits will be issued.
2.4 Additional Credits
You may purchase additional credits at any time during your subscription term at the rates displayed on the Platform.
2.5 Plan Changes
You may upgrade your subscription plan at any time. Downgrades take effect at the start of the next billing period. Contact your account manager or email contact@socreative.com for assistance.
3. Payment and Billing
3.1 Fees
Subscription fees are due in advance at the start of each billing period (quarterly or annually, depending on your selected plan). All fees are quoted in the currency displayed at the time of purchase and are exclusive of applicable taxes unless otherwise stated.
3.2 Payment Methods
Payments are accepted via the commercial or B2B payment methods available on the Platform. We do not accept physical payments (cash or check).
3.3 Late Payment
If payment is not received within 14 days of the due date, SoCreative reserves the right to suspend access to the Platform and Services until the outstanding balance is settled. A late payment fee of 2% per month may be applied to overdue amounts.
3.4 Taxes
You are responsible for all applicable taxes, duties, and levies associated with your subscription. SoCreative will charge GST where required by Australian law.
4. Account Registration and Security
You must create an account to access the Platform. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify SoCreative immediately at contact@socreative.com if you suspect unauthorized access to your account.
You may invite additional users to your account. Account administrators are responsible for managing user permissions and access levels. SoCreative is not liable for actions taken by authorized users on your account.
5. Intellectual Property and Content Ownership
5.1 Customer Content
You retain full ownership of all content, materials, brand assets, and briefing materials you upload to or provide through the Platform ("Customer Content"). SoCreative does not claim ownership of Customer Content.
5.2 Deliverables
Upon full payment for the applicable project, ownership of the creative work produced by SoCreative for you ("Deliverables") transfers to you. Until payment is received, SoCreative retains all rights in the Deliverables.
5.3 License to SoCreative
You grant SoCreative a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify Customer Content solely for the purpose of delivering the Services. You also grant SoCreative a non-exclusive license to feature completed Deliverables in its portfolio, case studies, and marketing materials, unless you notify us in writing that a project is confidential.
5.4 SoCreative IP
All intellectual property in the Platform, including its software, design, workflows, tools, AI models, templates, and proprietary processes, remains the exclusive property of SoCreative. Nothing in this Agreement grants you any rights in SoCreative's intellectual property beyond the right to use the Platform as a subscriber.
5.5 Third-Party Assets
Deliverables may include third-party stock assets (images, video, music, fonts) licensed for your use. SoCreative will ensure such assets are appropriately licensed. You are responsible for complying with any license restrictions applicable to third-party assets included in your Deliverables.
6. Acceptable Use
You agree not to use the Platform or Services to:
• Create, distribute, or promote content that is unlawful, defamatory, obscene, or infringes the rights of any third party.
• Discriminate against or incite hostility towards any person or group based on race, religion, sex, sexual orientation, gender identity, age, disability, ancestry, or national origin.
• Attempt to gain unauthorized access to the Platform, other accounts, or SoCreative's systems.
• Reverse-engineer, decompile, or disassemble any part of the Platform.
• Use the Platform for any purpose that competes with SoCreative's business.
• Upload malicious code, viruses, or any content designed to disrupt the Platform.
Violation of this section may result in immediate suspension or termination of your account without notice or refund.
7. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information includes, without limitation, business plans, customer lists, pricing, technical data, and creative briefs. Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except as required by law.
This obligation of confidentiality survives termination of this Agreement for a period of two (2) years.
8. Termination and Cancellation
8.1 Cancellation by Customer
You may cancel your subscription at any time by submitting a cancellation request through the Platform or by emailing contact@socreative.com. Cancellation takes effect at the end of your current billing period. No refunds are issued for unused credits or partial billing periods. Following cancellation, you will have a 30-day wind-down period to use any remaining credits, as described in Section 2.3.
8.2 Termination by SoCreative
SoCreative may suspend or terminate your account immediately if you breach this Agreement, fail to pay outstanding fees, or engage in conduct that SoCreative reasonably determines is harmful to the Platform, other users, or SoCreative's reputation.
8.3 Effect of Termination
Upon termination:
• All unused credits (including rolled-over credits) will expire 30 days after the termination date. You may use remaining credits during this 30-day wind-down period, after which any unused credits are forfeited and non-refundable.
• Your access to the Platform will be revoked.
• You must download any Customer Content and Deliverables you wish to retain within 30 days of the termination date. After this period, SoCreative will permanently delete your content from its servers.
• Any outstanding fees for Services rendered prior to termination remain payable.
Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.
8.4 Refunds for Termination by SoCreative Without Cause
If SoCreative terminates this Agreement without cause, SoCreative will refund a pro-rata amount of any prepaid fees for the unused portion of the subscription term.
9. Data and Privacy
SoCreative collects and processes personal information in accordance with our Privacy Policy, available at www.socreative.com/privacy-policy. By using the Platform, you consent to such processing. If you upload personal data of third parties (e.g., individuals featured in video or photography), you represent that you have obtained all necessary consents for SoCreative to process that data in connection with the Services.
10. Limitation of Liability
To the maximum extent permitted by law:
• SoCreative shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement.
• SoCreative's total aggregate liability under this Agreement shall not exceed the total fees paid by you to SoCreative in the twelve (12) months immediately preceding the event giving rise to the claim.
• SoCreative does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law.
11. Indemnification
You agree to indemnify, defend, and hold harmless SoCreative, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:
• Your breach of this Agreement.
• Your use of the Deliverables.
• Any Customer Content you provide that infringes the intellectual property or other rights of a third party.
• Your violation of any applicable law or regulation.
12. Dispute Resolution
If a dispute arises in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute is not resolved within 30 days, either party may refer the matter to mediation administered by the Australian Disputes Centre (or an equivalent body agreed by both parties). If mediation is unsuccessful, either party may pursue legal remedies in the courts of New South Wales, Australia.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
14. General Provisions
14.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral.
14.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
A failure by either party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
14.4 Assignment
You may not assign or transfer this Agreement without SoCreative's prior written consent. SoCreative may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
14.5 Force Majeure
Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, war, pandemics, government actions, or internet or telecommunications failures.
15. Contact
For questions about this Agreement, please contact us at:
SoCreative Media Pty Ltd
Email: contact@socreative.com
Website: www.socreative.com