1. Who you are dealing with
These terms are a contract between you and Fossca Limited, trading as CreateFu — registered in England, company number 11630043, registered office 4–6 Swaby’s Yard, Walkergate, Beverley, HU17 9BZ. “CreateFu”, “we” and “us” mean Fossca Limited throughout. By accessing CreateFu you agree to these terms; if you do not agree, do not use the service.
2. Who these terms apply to
A “creator” is an account holder who uploads and shares work in the course of business; a “creator account” is a creator’s studio identity in the service; a “group” is a set of users a creator shares with; “the service” means the CreateFu web, iOS and Android applications.
If you have a free account only to view, favourite, download or reshare files shared with you (a “client user”), the sections on subscriptions, billing and file retention apply to the creator who invited you, not to you. If you use CreateFu as a consumer, nothing in these terms limits your statutory rights, and every clause applies to you only to the extent the law allows.
You must be at least 18 to open a creator account, and at least 13 to open any account.
3. Registration and account security
To register, you must provide accurate account details, including a valid email address and your name, and set secure login credentials. Keep your credentials confidential: you are responsible for activity under your account that results from your failure to do so, but not for activity you could not reasonably have prevented. Tell us promptly at support@createfu.com if you suspect unauthorised use of your account.
4. Data privacy and security
Personal data is collected and handled as described in the Privacy Policy. Users can upload files and grant specific users permission to view, download, and reshare them.
For files uploaded by a creator, and any personal data they contain or carry with them, the creator is the data controller and Fossca Limited acts as their data processor. In that role we will: process such data only to provide the service and on the creator’s instructions; keep it confidential; protect it with the measures described in the Privacy Policy; notify the creator without undue delay after becoming aware of a personal data breach affecting their data; use only sub-processors engaged under equivalent data-protection obligations, keeping the current list in the Privacy Policy and giving notice before changes, with a reasonable opportunity to object; assist the creator, so far as reasonable, with data-subject requests; make available the information reasonably needed to demonstrate compliance with this section; and delete or return the data as described in section 9 when the account closes.
As the controller of that data, the creator is responsible for complying with data protection law in respect of it — including having a lawful basis, providing privacy information to the people concerned, and giving us only lawful instructions. We will tell the creator if, in our view, an instruction breaches data protection law.
5. Content visibility
When you invite someone — to view files, join your creator account, or join a group — your profile details (such as your name and profile image) are visible to them on the invitation. If they accept, their profile details and email address become visible to you. No one’s details are shown until that connection is made.
6. Content ownership and licence
Users retain ownership of the content they upload to CreateFu. CreateFu does not claim any ownership rights to the files uploaded by users. So that we can run the service, you grant Fossca Limited a non-exclusive, worldwide, royalty-free licence to host, copy, back up, convert into other formats and resolutions, apply your chosen watermarks to, and transmit and display your content — solely to provide the service to you and the people you share with. The licence ends for content you delete, except for the short period it remains in backups.
7. Acceptable use and reporting
Users must not engage in any activity that breaks these terms or the law, and must not upload unlawful content or content that infringes the rights of others; you must hold the rights or permissions needed for anything you upload and share.
To report content you believe is illegal or infringes your rights, email support@createfu.com with a link and the reason. We review reports promptly and may remove content and suspend accounts where appropriate. If you disagree with how we handled a report, or believe your content was wrongly removed, you can complain to the same address and we will review the decision.
8. Subscriptions, trial and billing
New creator accounts include a 45-day free trial (one per person; we may decline repeat trials); no payment details are required to start it. Paid subscriptions are billed at the prices published at createfu.com, monthly or annually. You can cancel at any time and your subscription runs to the end of the period already paid; periods already started are not refunded, except as set out below or required by law. We will give at least 30 days’ notice of price changes, which take effect at your next renewal.
If you subscribe as a consumer, you have a legal right to cancel within 14 days of subscribing. By subscribing you ask us to start the service immediately; if you cancel within those 14 days we will refund what you paid, less a proportionate charge for the days already supplied. To cancel, email support@createfu.com.
9. Your files on cancellation or non-payment
While your account is in its trial or subscribed, you can export your original files, in full, at any time — do this before cancelling if you want local copies. If your trial ends without a subscription, you have a 7-day grace period before the account is paused; if a payment fails, you have 14 days (during which payment is retried) before the account is paused. In both cases the app shows clear warnings with the dates.
A paused account is not deleted at the point of pausing: you can still sign in, see your content and delete anything you choose, but uploading, sharing and downloading are blocked until a subscription is restarted — at which point everything still held on the account is restored exactly as it was. Files on a paused account may be permanently deleted at any time once the account has been paused for 14 days; you can ask us to delete them sooner at support@createfu.com. Deleted files cannot be recovered.
If you access content shared with you by a creator, your access depends on the creator’s account remaining in good standing — download anything you want to keep when you receive it.
10. Termination
CreateFu may terminate or suspend accounts for violations of these terms or illegal activity. Users may terminate their accounts at any time. Where we terminate other than for a serious breach or illegal activity, we will give reasonable notice. On any termination the account is treated as paused from the termination date and section 9 applies to your files, except that where we terminate for serious breach or illegal activity we may restrict sign-in access and preserve or remove content as the law requires.
If we ever discontinue the service, we will give at least 60 days’ notice by email, keep export available throughout that period, and refund the unused part of any prepaid period. We may transfer our rights and obligations under these terms to a successor to our business; your rights under them are not affected.
11. Changes to these terms
We may update these terms to reflect changes in the service, the law, or our business. For significant changes we will give at least 30 days’ notice by email or in the app before they take effect — unless a change is needed sooner for legal, regulatory or security reasons, in which case we will give as much notice as we reasonably can. If a significant change disadvantages you, you may cancel before it takes effect, and if you are within a paid period we will refund the unused part. Continuing to use the service after the date means you accept the updated terms.
12. Liability
Nothing in these terms excludes liability that cannot legally be excluded, including for death or personal injury caused by negligence, or for fraud. Subject to that, we are not liable for indirect or consequential losses, loss of profits, or loss of business, and our total liability in any 12-month period is limited to the greater of £100 and the subscription fees you paid us in that period. You are responsible for keeping your own copies of your original files; the platform is a delivery service, not your sole archive.
If you use CreateFu in the course of business, you will compensate us for losses, claims and costs arising from your content or your breach of these terms. If you are a consumer, you are responsible to us only for loss that is a foreseeable result of breaking these terms or uploading content you had no right to upload.
13. Governing law
These terms are governed by the laws of England and Wales. If you use CreateFu as a consumer, you also benefit from any mandatory protections of the law of the country where you live, and you may bring proceedings in the courts of that country (including Scotland or Northern Ireland if you live there); nothing here limits that right.
14. General
If any part of these terms is found invalid or unenforceable, that part applies to the fullest extent permitted and the rest continues in full force. Where you use our iOS or Android app, the relevant app store’s terms also apply to the download; your agreement for the service is with us, not Apple or Google — they are not parties to these terms, have no obligation to provide support or warranty for CreateFu, and (in Apple’s case) Apple and its subsidiaries are third-party beneficiaries of these terms with the right to enforce them against you.
15. Contact
Fossca Limited, trading as CreateFu — support@createfu.com.