Terms of Service

These Terms of Service ("Terms," "Terms of Service," or "Agreement") govern your use of Create, a WordPress plugin and related services (collectively, the "Service") operated by Mischief Marmot LLC, a South Carolina limited liability company ("Company," "we," "us," or "our"). Create includes the WordPress plugin ("Plugin") available on the and Create Studio, our cloud-based service platform available at ("Create Studio").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Service.

Create is a publishing tool that provides:

• Recipe, How-To, and List schema type creation with JSON-LD markup
• Rating schema functionality
• Recommended Products affiliate link scraping and native, in-content display capabilities
• Interactive Mode widgets utilizing Recipe and How-To card details via the Create Plugin API
• Nutrition calculation services powered by third-party APIs (including API Ninjas Nutrition API)
• Additional features and functionality as we may develop and offer from time to time

The Service is offered through multiple service tiers:

• Free tier
• Ad-supported tier
• Premium subscription plans

IMPORTANT: While premium features may currently be available to users of free and ad-supported tiers, such access is provided strictly as a gesture of goodwill for your benefit. We reserve the absolute right, at our sole discretion and without notice, to:

• Remove or discontinue the free and ad-supported tiers entirely
• Remove, limit, or degrade any features or functionality for non-premium tiers
• Implement usage limits, throttling, or restrictions on non-premium tiers
• Require migration to a paid subscription to maintain access to any or all features
• Modify the terms under which free or ad-supported access is provided

Your use of any premium features on a free or ad-supported tier does not create any right to continued access to such features.

To access certain features of the Service, you may be required to create an account. When you create an account, you must provide accurate, complete, and current information. You agree to update your account information to keep it accurate and current.

You are responsible for safeguarding the password and credentials you use to access the Service and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You represent and warrant that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You will use the Service only for lawful purposes and in accordance with these Terms
• All information you provide to us is accurate and truthful
• You will maintain the accuracy of such information

If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Service.

The Service is available in the following tiers:

• Free Tier: Limited access with potential feature restrictions
• Ad-Supported Tier: Access with advertising display requirements
• Premium Subscription: Full access with pricing as displayed on our website

Premium subscriptions are billed on a recurring basis according to the billing cycle you select. By subscribing to a premium plan, you authorize us to charge your payment method on a recurring basis.

We reserve the right to modify our pricing at any time. For existing subscribers, any price changes will take effect at your next billing cycle following notice of the change. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified amount.

If you cancel your premium subscription, you may be eligible for a pro-rated refund of unused time. For example, if you sign up for a monthly subscription and cancel two weeks into your first month, you will receive a refund for the remaining two weeks. Refund eligibility and amounts are determined at our sole discretion.

If you use the ad-supported tier, you agree that we may display advertisements within or alongside your content as created through the Service. You grant us the necessary rights to display such advertising in connection with your use of the Service.

The WordPress plugin component of Create is licensed under the GNU General Public License version 2 (GPLv2) or later, as required by for all plugins distributed through their repository. As stated in WordPress's licensing guidelines (), plugins are considered derivative works of WordPress and must inherit the GPL license. This means the PHP code of the Plugin is open source and users have the freedom to use, study, share, and modify it under GPL terms.

However, the GPL license applies ONLY to the Plugin code itself. Access to Create Studio (our external cloud-based service), all external APIs, proprietary server-side services, branding elements, trademarks, and any Software-as-a-Service (SaaS) components remain the exclusive property of Mischief Marmot LLC and are NOT licensed under GPL. The Plugin serves as a client that connects to our proprietary services, which are provided under these Terms of Service, not under GPL.

You retain all rights to the content you create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license solely for the following purposes:

• To access and process Your Content through the API endpoints created by the Plugin on your website (e.g., /wp-json/mv-create/v1/creations/)
• To temporarily process Your Content to provide the Service features (nutrition calculation, schema generation, etc.)
• For ad-supported tiers, to display contextual advertising alongside or within your created content
• To display Your Content on your own website through our Interactive Mode and other Service features

We will NOT:

• Modify, summarize, or change the form of Your Content without your explicit instruction or agreement
• Use Your Content anywhere other than on your own website without your express permission
• Store Your Content beyond what is necessary to provide the Service
• Claim any ownership rights to Your Content

The Service, including Create Studio, all APIs, the Create and Create Studio brands, logos, and all associated intellectual property (excluding the WordPress plugin code and Your Content) are and remain the exclusive property of Mischief Marmot LLC. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract source code from our proprietary systems.

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon or violate the intellectual property rights of others
• Transmit any malicious code, viruses, or harmful data
• Access or use our APIs outside of the Plugin's intended functionality
• Scrape, reverse-engineer, or commercially redistribute any part of the Service
• Use Create Studio as a general scraping tool unrelated to your own content
• Bypass or circumvent subscription requirements or licensing restrictions
• Create content that is abusive, promotes violence, or violates content guidelines
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Create multiple accounts to evade suspension or termination

You are solely responsible for Your Content and the consequences of publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use Your Content
• Your Content does not infringe any third party's intellectual property rights
• Your Content complies with all applicable laws and regulations
• All recipe, nutrition, and food-related information you publish is accurate to the best of your knowledge

THE SERVICE IS A PUBLISHING TOOL AND DOES NOT PROVIDE MEDICAL, DIETARY, OR HEALTH ADVICE. All nutrition calculations are estimates only. You are solely responsible for:

• The accuracy of all recipe content and ingredients
• Any allergen information or warnings
• Ensuring your content does not constitute medical or dietary advice unless you are qualified to provide such advice
• Verifying all nutrition information before publication

While we do not pre-screen content, we reserve the right to remove or refuse to process any content that violates these Terms or applicable content guidelines.

Your use of our Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

By using the Service, you acknowledge that:

• We may collect email addresses, names, and usage analytics (anonymized with session IDs)
• We process Your Content on our servers solely to provide Service features
• Site information (URLs, version details) may be retained separately from user data

You may request deletion of your account and associated data. Upon receiving a deletion request:

• We will delete user accounts and profile preferences within 30 days
• Financial transaction data will be retained in accordance with legal requirements
• Site information may be retained but will be disconnected from user data
• Site preferences may be retained for Service functionality

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to:

• Adding or removing features
• Changing service tiers or pricing
• Modifying API functionality
• Implementing usage limits

For significant changes affecting your use of the Service, we will endeavor to provide advance notice. The notice period may vary depending on the nature of the change but will typically be between 14 to 30 days.

You may terminate your account at any time through your account settings or by contacting us.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Content that is abusive, promotes violence, or violates content guidelines
• Bypassing licensing or subscription requirements
• Direct use of provided APIs outside intended functionality
• Using Create Studio as a general scraping tool
• Non-payment of applicable fees

Upon termination:

• Your right to use the Service will immediately cease
• API access will be discontinued
• Your Content remains in your website's database
• Account details may be retained to prevent duplicate account creation
• You may be eligible for pro-rated refunds as described in Section 3.4

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected

The Service relies on third-party APIs and services (such as nutrition calculation APIs). We are not responsible for the availability, accuracy, or functionality of these third-party services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MISCHIEF MARMOT LLC BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT YOU HAVE PAID TO US IN LICENSING FEES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

IF YOU ARE USING THE FREE OR AD-SUPPORTED TIERS, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND MISCHIEF MARMOT LLC SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES WHATSOEVER.

IN NO EVENT SHALL MISCHIEF MARMOT LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold harmless Mischief Marmot LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property rights
• Any content you create, publish, or distribute using the Service
• Any misrepresentation of recipe, nutrition, or allergen information

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in South Carolina, and judgment on the award may be entered in any court having jurisdiction.

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service following notification of changes constitutes acceptance of those changes.

These Terms constitute the entire agreement between you and Mischief Marmot LLC regarding the Service and supersede all prior agreements and understandings.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

All notices to you may be provided through the email address associated with your account or through the Service itself.

If you have any questions about these Terms, please contact us at:

Mischief Marmot LLC

6650 Rivers Avenue, STE 100

North Charleston, SC 29406

By using Create, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.