Terms

Last updated: November 2, 2025

Welcome to Creatures (“Creatures,” “we,” “us,” “our”). These Terms (“Terms”) are a legally binding agreement between you and Creatures LLC governing your use of our website, apps, and services (the “Platform”). By creating an account, listing an animal, messaging on the Platform, or clicking “I agree” (or a similar button), you agree to these Terms.

If you do not agree, do not use the Platform.

Company Info: Creatures LLC, 108 5th Street SE, Suite 206A, Charlottesville, VA 22902 USA • info@creatures.com • +1 (434) 218‑2178

1. Role of Creatures LLC as a Marketplace

1.0 Definitions

“Item” means any listing on the Platform, including live animals, related goods, and services.

“Buyer” means a user purchasing an Item. “Seller” means a user offering an Item. “Traders” are Sellers acting in a commercial capacity.

“Payment Services” means the payment processing, processor‑level holds, payout, reserve and risk services Creatures (or its processors) provide.

1.1 Our Role

Creatures LLC operates an online platform to allow independent sellers and buyers of animals to find and transact with each other. Creatures LLC is not a broker, agent, or seller of any animal. The Company is not a party to any sale contract between the buyer and seller on the Platform. Rather, any contract of sale is solely between the seller and the buyer. Creatures LLC does not transfer ownership of animals; it only provides the venue for users to do so.

1.2 No Guarantee of Transactions

Because the Platform only facilitates user interactions, Creatures LLC has no control over and does not guarantee: the existence, quality, health, safety, or legality of any animal listed; the truth or accuracy of any descriptions, photographs, or representations by users; the ability of sellers to deliver any animal; the ability of buyers to pay; or that a buyer or seller will actually complete a transaction. All transactions are undertaken at the risk of the participating users.

1.3 User Responsibility

Both buyers and sellers are solely responsible for researching and complying with any laws applicable to the sale, transfer, import, or ownership of the animals involved, as detailed in Section 9 below. Creatures LLC does not warrant that any user or animal complies with such laws.

1.4 No Veterinary or Professional Advice

Content on the Platform (including listings and care articles) is general information only and not veterinary, legal, or professional advice. Consult licensed professionals as appropriate.

1.5 Third‑party Services

Payments, identity verification, shipping, insurance, or other services may be provided by third parties. Their terms apply in addition to these Terms.

1.6 Limited Payment Collection Agent

Where offered, you authorize Creatures to act as a limited payment collection agent to collect amounts you owe or are owed in connection with a transaction, to hold, disburse, refund, or reverse amounts per these Terms, our policies, law, and the payment processor’s rules. We are not a bank, do not provide escrow or fiduciary services, and amounts held may be commingled per processor terms.

1.7 Administrative Status in the Application

The Platform may show a change in “owner” on an animal’s profile after payment for coordination purposes. That UI label is administrative only; the legal transfer of ownership and responsibility happens as stated in §5.11 Title, Risk of Loss & Handover.

2. User Accounts and Eligibility

2.1 Age Requirements

To buy or sell animals, services, experiences, or products on our Platform, you must be 18 years of age or older. Users under 18 may not enter into purchase or sale transactions. However, individuals who are at least 13 years old may register for a Creatures account with limited access (for example, to browse listings or prepare a profile as a team member). Accounts for users between 13 and 17 years old must be created with the consent and supervision of a parent or legal guardian, and such users cannot engage in any buying or selling until reaching 18. The parent/guardian is responsible for the minor’s activity and any resulting obligations. Creatures may suspend accounts that appear to be used by or for under‑18 users to transact.

No one under 13 is permitted to use the Platform or provide personal information to us; Creatures does not knowingly allow children under 13 to register.

2.2 Account Registration

To use certain features of the Platform, you must create an account. You can register directly with an email and password or sign up via an approved third-party login provider. We support registration and login using:

• Google (OAuth login via your Google account)
• Facebook (OAuth login via your Facebook account)
• Twitter (X) (OAuth login via your Twitter/X account)
• Email (a standard Creatures account with email)

When registering, you agree to provide accurate, current, and complete information. If you use a third-party login (Google, Facebook, Twitter/X), you authorize us to access certain profile information from that account (such as your name and email) for account creation. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify Creatures of any unauthorized use or security breach of your account. Each user is allowed to have only one account (unless explicitly permitted by us), and accounts are non-transferable.

2.3 Eligibility Declarations

By creating an account or listing an Item, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into these Terms. If you are registering as a business or on behalf of an organization, you also represent that you have the authority to bind that entity and that your employees, agents, and affiliates who use the Platform will comply with these Terms. Creatures reserves the right to refuse registration or access to the Platform to any user, and to suspend or terminate any account, if we suspect the user does not meet the eligibility criteria or has provided false information.

2.4 Compliance

You are responsible for following all laws that apply to you.

2.5 Identity Verification

You authorize Creatures to conduct identity verification (IDV/KYB), including checks of government IDs, tax IDs, and bank account ownership, and to re‑verify as needed for risk, legal, or compliance reasons.

2.6 Electronic Signatures & Contract Formation

(a) Binding contracts without a separate e‑signature tool. By clicking “I agree,” “Register,” “Place Order,” or similar, and/or by continuing to use the Platform after conspicuous notice of these Terms, you adopt an electronic signature and enter a binding contract with Creatures incorporating: (i) these Terms; (ii) any policies referenced; (iii) the specific listing details confirmed at checkout; and (iv) any written terms you and your counterparty expressly agree to on‑Platform.

(b) Evidence. You agree Creatures may rely on Platform logs (timestamps, IP/device data, UI screenshots, versioning of Terms, and your click/acceptance flow) to evidence assent and terms in force.

(c) No separate “wet” signature required. The parties agree electronic signatures and records have the same legal effect as handwritten signatures to the maximum extent permitted by applicable law.

(d) Electronic communications consent. You consent to receive records, notices, and disclosures electronically, acknowledge your ability to access them, and may withdraw consent by closing your account (which may limit Platform features). You may request paper copies via support; fees may apply unless prohibited by law. Marketing subscriptions are managed under Section 2.7; opting out of marketing will not stop service or transactional communications.

2.7 Communications; Newsletter & Marketing

(a) Service communications. We will send you service and transactional communications related to your account and activity on the Platform (for example: account verification, receipts, order/auction updates, dispute notices, security alerts, policy updates). These are a condition of the service.

(b) Marketing communications; newsletter enrollment. When you create an account or provide your email in connection with using the Platform, you agree that we may send you marketing and promotional communications (including the Creatures email newsletter, product announcements, offers, surveys, events, and recommendations). We may add your email to our newsletter list upon sign‑up. You can opt out of marketing at any time by using the unsubscribe link in our emails or by contacting support. Unsubscribing from marketing does not affect service or transactional communications.

(c) Channels we use. We may deliver communications by email, in‑app messages, and (if enabled on your device) push notifications. We do not send marketing SMS/text messages unless you separately opt in to a text program that presents its own terms.

(d) Your preferences. You can manage your marketing preferences or unsubscribe at any time. We maintain opt‑out lists and honor requests within the timeframe required by law.

(e) Regional requirements. Where a law requires express consent before we send marketing emails (for example, in certain countries), we will only send marketing messages if you have given such consent through a dedicated checkbox or similar prompt. If you do not provide consent when required, you will still receive service communications.

(f) Providers. We may use third‑party email providers to deliver communications (for example, newsletter platforms). Those providers process your contact information on our behalf in accordance with our Privacy Policy.

3. Listing Animals for Sale (Seller Obligations)

3.1 Accurate Listings

Sellers must create listings that are truthful, accurate, and complete. All information provided about an animal must be correct to the best of the seller’s knowledge, including species/breed, age or hatch date, sex, physical condition, health history, temperament, and any significant traits or defects. Misrepresentation or omission of material facts is strictly prohibited. The seller guarantees that the description and photos represent the actual animal offered. If multiple animals are for sale, the listing must clearly differentiate individual animals or state that it is a generic representation (e.g., for similar offspring), as allowed by Platform rules.

3.2 Health and Condition

By listing an animal, the seller affirms that the animal is in good health and fit for sale, unless explicitly stated otherwise in the listing. “Good health” means free from contagious disease or life-threatening condition to the seller’s knowledge. Any known health issues, defects, or special needs must be disclosed in the listing. Sellers are responsible for obtaining any veterinary certificates or inspections required by law for the sale or transport of the animal (for example, a Certificate of Veterinary Inspection for interstate sales where required).

3.3 Animal Welfare

• Animals must be housed and cared for in clean, safe environments with appropriate food, water, and space up until the time of transfer.
• No cruel practices or neglect of the animal is tolerated. Creatures LLC reserves the right to remove listings and ban sellers if it believes an animal is being kept or was obtained inhumanely.

3.4 Shipping Live Animals

If transportation is needed, sellers must prepare and ship animals in a safe, humane manner.

• Carriers & rules. You must use lawful transport methods and comply with carrier and transport regulations (including IATA Live Animals Regulations for air shipments) and any postal/parcel prohibitions (e.g., USPS nonmailable: all snakes, turtles, and poisonous reptiles; some insects/spiders restricted; check current USPS Pub. 52 and carrier rules.)
• Welfare. Ship fit animals, with proper containers, temperature management, and any legally required health certificates or acclimation statements.
• Prohibited shipments. You may not ship where prohibited by carrier or law, including export/import restrictions, quarantines, or disease controls.
• Delivery & communication. Coordinate delivery windows; share tracking promptly; hold back shipments if conditions (e.g., weather) risk welfare.
• Handover evidence. At pickup/loading or carrier handoff, capture simple evidence (e.g., signed handover, bill of lading, or timestamped photo/video).

3.5 Legal Ownership

The seller must have legal title or rights to the animal being sold and the authority to transfer that animal to a buyer. The animal must not be stolen, taken from the wild in violation of law, or otherwise illegally obtained. The seller shall provide any documentation reasonably requested by the buyer or Creatures LLC to verify ownership or origin (such as breeding records, import permits, etc.).

3.6 Compliance with Laws

Sellers must comply with all applicable laws, regulations, and ordinances in the seller’s jurisdiction, the buyer’s jurisdiction, and any jurisdiction the animal will transit through. This includes obtaining and providing any necessary permits, licenses, or health certificates for the sale or shipment of the animal. For example, if the species is listed under CITES, the seller must secure a valid export permit before shipping internationally. If the animal is a species regulated under the Animal Welfare Act or other animal transport laws, the seller must ensure all standards for handling, care, treatment, and transportation are met or exceeded. See Section 9 for more details on legal compliance.

Sellers warrant compliance with applicable wildlife and animal‑welfare laws, including the Lacey Act (no unlawful trade; no false labeling; proper marking of containers) and the Animal Welfare Act where applicable (licensing/transport standards enforced by USDA APHIS). On request, Sellers will provide permits, licenses, CITES documents, and veterinary certificates. Creatures may cancel or withhold funds for non‑compliance.

3.7 Timely Fulfillment

Once a purchase agreement is reached with a buyer (whether via instant purchase or after negotiation):

• The seller should ship or deliver the animal within the timeframe promised in the listing or agreed upon with the buyer. In absence of a specific agreement, shipment should be made within [7] days of final payment, weather and animal readiness permitting.
• If unforeseen delays occur (e.g., weather issues, health concern with the animal, waiting on paperwork), the seller must promptly inform the buyer and provide a new estimated shipment date.
• If a seller fails to ship the animal within a reasonable time and with no communication, Creatures LLC may, at its discretion, cancel the transaction. In such case, the seller must refund the buyer in full (including any deposit or fees) as outlined in Section 5. Repeated failure to fulfill orders may result in account suspension.

3.8 Communication

Sellers are expected to respond to buyer inquiries and coordinate logistics in a professional and timely manner. This includes arranging a mutually agreeable shipping or pickup date and providing tracking information once shipped. Lack of communication for an extended period ([e.g., 7-10] days) after a buyer has paid may be treated as a breach of these Terms.

3.9 Seller’s Own Terms

If a seller maintains their own terms of sale or guarantees (a “Store Policy”), those terms must be consistent with the minimum standards set in these Terms and the Platform’s rules. A seller’s policy may expand protections (e.g., a longer health guarantee) but cannot offer less (for example, cannot refuse to honor a clearly stated DOA guarantee that the seller offered in the listing.) In case of conflict, the Terms of Creatures LLC and its policies will prevail over any individual seller’s policy.

3.10 Indemnity

Sellers shall indemnify and hold harmless Creatures LLC from any losses, claims, or damages (including legal fees) arising from the seller’s breach of this Section or any law, such as selling illegal animals or misrepresenting an animal (see Section 10 on Indemnification).

4. Buyer Responsibilities

4.1 Due Diligence

Buyers are responsible for reviewing listings carefully and understanding what they are purchasing. If uncertain about any aspect of a listing, buyers should use the Platform’s messaging features to ask the seller for more information before committing to buy. Buyers should research the care requirements and legal restrictions of the species they intend to purchase.

4.2 Legal Compliance

Buyers must ensure that it is legal to own and/or import the animal they are purchasing in their location. This includes obtaining any required import permits, licenses, or meeting any registration requirements. For international purchases, the buyer may need a corresponding CITES import permit or other import documentation which they are responsible for securing. The buyer agrees that they will not ask or expect a seller to break any laws in delivering an animal (for example, by mislabeling a package or smuggling a species). Section 9 covers detailed compliance terms.

4.3 Payment Obligations

When a buyer agrees to purchase an animal (whether by winning an auction, accepting an offer, or clicking a buy-now), they enter a binding obligation to pay the agreed price and any applicable shipping costs. Payment must be made through the approved methods and within the timeframe specified (or, if not specified, promptly upon order confirmation). Failure to remit payment may result in cancellation of the order and possible account action.

4.4 Receipt and Care

Buyers should be available to receive shipped animals on the agreed delivery date. If an animal is shipped to the buyer’s address, the buyer (or a responsible adult recipient) should promptly unpack and inspect the animal upon arrival. Any issues (health problems or misidentification) should be reported as per Section 5, and if the listing includes a DOA guarantee, follow the listing’s DOA instructions. Once the animal is in the buyer’s possession, the buyer is responsible for providing appropriate care. The buyer is expected to treat the animal humanely and comply with all animal welfare laws in the animal’s new location.

4.5 No Re-Listing of Sick Animals

If a buyer discovers the animal to be sick or otherwise unfit, they should not attempt to re-list or resell it on the Platform as a way of dealing with the issue. Instead, they should follow the dispute resolution procedures. Re-listing an ill or misrepresented animal to pass it to another unsuspecting party would violate these Terms and potentially applicable laws.

4.6 Buyer Indemnity

Buyers shall indemnify and hold harmless Creatures LLC from any losses, claims, or damages (including legal fees) arising from the buyer’s breach of this Section or any unlawful conduct, such as illegally importing an animal or mistreating it post-sale (see Section 10).

5. Payment, Refunds, and Return Policy

5.1 Payments

All payments for animals and associated costs (e.g., shipping) should be processed through the Platform’s designated payment system or as otherwise instructed by Creatures LLC. The Company may act as a limited payment agent to facilitate transactions, but does not guarantee payment.

You appoint Creatures as your limited payment collection agent solely to accept payments from Buyers on your behalf and remit such amounts to you, less refunds, adjustments, fees, reserves, and chargebacks. Receipt of funds by Creatures constitutes receipt by you, and satisfies the Buyer’s payment obligation to you to the extent of the amount received by Creatures. Sellers must not ship until the Platform shows the payment as received/cleared.

• Processing. Payments may be processed by a third‑party processor. You authorize charges to your payment method(s).
• Payouts; holds/reserves. Creatures may hold funds for risk management (e.g., delivery confirmation, disputes, chargeback exposure, fraud screening). We may establish reserves or delay payouts per risk policies and processor rules.
• Payout timing. We may delay or condition Seller payouts until (i) the Buyer marks the Item as “Delivered/Received” in the Platform, or (ii) we otherwise verify delivery (e.g., carrier proof‑of‑delivery or signed handover). If a Buyer does not respond within 24 hours after we show delivery or handover evidence, we may deem delivery confirmed and release payout. We may extend holds if a dispute is opened within the applicable window.
• Set‑off & recovery. We may set off amounts you owe (fees, refunds, chargebacks, losses) against balances or future payouts and may charge any linked payment method.
• Chargebacks. You agree to follow the Platform dispute process before initiating chargebacks. We may dispute unwarranted chargebacks using these Terms and transaction records.
• Not a bank. Funds are not FDIC‑insured deposits.

5.2 Deposits

If a seller requires a deposit to hold an animal, this must be clearly stated in the listing along with whether the deposit is refundable or not. In absence of a clear statement, any buyer deposit will be treated as refundable if the sale does not proceed due to seller’s default, and non-refundable if the buyer backs out without fault of the seller, with a default non-refundable portion not exceeding 10% of the purchase price.

5.3 All Sales Final (Except as Provided)

When a sale becomes final:

• Auctions: The sale is final when the auction ends (when the winning bid is announced).
• Fixed‑price: The sale is final when the buyer completes checkout and authorizes payment on the Platform (including ACH authorization).

No change‑of‑mind cancellations. Once a sale is final under subsection (a), the buyer may not cancel simply because they changed their mind.

Settlement and fraud checks. The seller is not required to release the animal until Creatures confirms receipt of cleared funds. If an authorized payment does not settle, is declined, is reversed, or is returned (including ACH returns or chargebacks), Creatures or the seller may cancel the sale. Creatures may also cancel or suspend a sale for suspected fraud, abuse, regulatory, sanctions, or other legal‑compliance reasons and will process refunds as appropriate.

Timing for ACH and other pending payments. Orders paid by ACH or similar non‑instant methods remain pending until funds clear. If payment does not clear within the timeframe shown at checkout or otherwise communicated in the order, the order may be automatically canceled.

Limited exceptions. This Section does not limit any specific cancellation or remedy that (1) these Terms expressly provide (for example, Section 5.4 on material misrepresentation), (2) a listing clearly offers (for example, a listing‑specific DOA or cancellation policy), or (3) applies because the transaction would be unlawful (for example, required permits are denied), in which case amounts paid will be returned.

Relation to ownership and risk. Finality of the sale does not change when ownership and responsibility transfer; see Section 5.11 (Title, Risk of Loss & Handover).

5.4 Material Misrepresentation or Undisclosed Condition

If the animal delivered is significantly not as described in the listing, the buyer may be entitled to a remedy. Examples include:

• The animal is a different species or morph than advertised.
• The sex of the animal is not as stated (and the sex was a material factor for the buyer).
• The animal’s age or size was misrepresented (e.g., advertised as adult but is a juvenile).
• Any other trait that was expressly promised and is proven false.

If such a misrepresentation is claimed:

• The buyer should notify the seller (and CC Creatures LLC support) within 4 hours of delivery or of discovering the issue, providing evidence of the discrepancy (photos, vet report, etc.).
• The seller has the opportunity to respond and, if valid, should offer a remedy. Typically, the remedy will be a return of the animal for a full refund (including original shipping, and seller pays return shipping). The buyer can negotiate a partial refund with the seller as compensation for the difference in value or required vet treatment. The seller is encouraged to work out an amicable solution.
• If the seller refuses to provide a reasonable remedy and Creatures LLC determines the misrepresentation claim is likely valid, the Company reserves the right to facilitate a return and refund by charging the seller’s payment method or withholding funds. Sellers who consistently misrepresent animals will face suspension.
• If the facts are in dispute (e.g., seller denies the issue), Creatures LLC may mediate (see Section 11.1) or direct the parties to arbitration (Section 11.2) for a binding decision.

5.5 No-Fault Returns

Except as provided above, returns or refunds for reasons not due to seller fault are generally not allowed. For example, if a buyer decides they no longer want the animal (change of heart or financial issue) after purchase, or if an incompatibility (like an allergy or existing pet aggression) is discovered, this is not the seller’s responsibility. Sellers may, at their discretion, agree to take a return and refund/partial refund as a courtesy, but that would be outside of these Terms (a separate mutual agreement). Creatures LLC does not mandate any no-fault return policy on sellers beyond what consumer law might require in certain jurisdictions.

5.6 Unfulfilled Orders (Seller Default)

If a buyer has paid for an animal and the seller fails to ship it or otherwise fails to complete the transaction within the agreed time (absent extenuating circumstances communicated to the buyer):

• The buyer should report the issue to Creatures LLC if the seller is unresponsive or non-compliant after the passing of the expected shipping date.
• Creatures LLC may attempt to contact the seller. If the seller cannot provide proof that shipment is imminent, the Company may cancel the transaction.
• In the event of seller default, the buyer is entitled to a 100% refund of all amounts paid, including any deposits or shipping fees. The seller forfeits any claim to non-refundable deposits in such case (a seller cannot keep a “deposit” if they never delivered the item).
• Creatures LLC may process the refund to the buyer on the seller’s behalf (e.g., reversing the payment) and will then seek reimbursement from the seller if the seller had already received the funds. Non-paying or non-delivering sellers will face account suspension and potential further action.

5.7 Chargebacks and Reversals

Users agree to abide by the Platform’s dispute resolution process for refunds and not to initiate chargebacks or payment reversals without following the proper procedures. If a buyer issues a chargeback through their bank or credit card, Creatures LLC reserves the right to dispute it and provide these Terms and the transaction records as evidence. Unwarranted chargebacks by buyers (especially after receiving a healthy animal) may result in the buyer’s account being terminated.

5.8 Platform Fees

Any fees charged by Creatures LLC to users (for listing, commission, buyer premium, or other services) are generally non-refundable, except in cases of error by the Company or as required by law. The Terms of any fees will be disclosed at the time of listing or transaction. Creatures LLC may, in its discretion, refund or waive fees in extraordinary situations, but this is not guaranteed.

Organizer Commissions (seller‑side). When a Seller enrolls a listing in an Auction Event that discloses an Organizer Commission, Creatures (as limited payment collection agent) will deduct the Organizer Commission from Seller proceeds and remit it to the Event Organizer after settlement, subject to §5.1 (holds/reserves, set‑off, chargebacks). Organizer Commissions are generally non‑refundable except for error or where a sale is canceled under these Terms. Organizer Commissions are not fees charged by Creatures.

5.9 Taxes

Each party is responsible for their own taxes resulting from sales or purchases (e.g., sales tax, use tax, VAT, etc.), as applicable by law. Creatures LLC may collect certain taxes during checkout if required and pass them to authorities, but otherwise tax compliance is up to users.

5.10 EU Right of Withdrawal (Non‑auction Sales)

EU consumers. For distance contracts, EU law may grant a 14‑day withdrawal right unless an exception applies. Goods liable to deteriorate or expire rapidly (often including live animals) may fall under CRD Art. 16(d), meaning no withdrawal right. Sellers offering to EU consumers must clearly indicate whether an exception applies and comply with mandatory information and refund rules.

5.11 Title, Risk of Loss & Handover

When a sale becomes final:

• Auctions: The sale is final when the auction ends (when the winning bid is announced).
• Fixed‑price: The sale is final when the buyer completes checkout and authorizes payment on the Platform (including ACH authorization). If the payment later fails to settle, is declined, or is reversed, Creatures or the seller may cancel the sale. The seller is not required to release the animal until Creatures confirms receipt of cleared funds.

When ownership and responsibility transfer. Ownership and responsibility for the animal transfer to the buyer when the animal is loaded at the seller’s location onto the buyer’s trailer or vehicle, or when the animal is handed over to a commercial carrier that accepts control for transport.

What “loaded” means. “Loaded” means the animal has been placed onto the buyer’s trailer or vehicle and the seller has released control, or the animal has been handed to a commercial carrier and the carrier has accepted control. The parties should capture simple handover evidence (for example, a signed handover or bill of lading, or a timestamped photo or video).

Seller’s duties until loading. Until loading, the seller must maintain humane, lawful care, present the animal fit for transport, and cooperate reasonably in pickup logistics.

No live‑arrival/DOA guarantee (default). Unless a specific listing clearly states otherwise, there is no live‑arrival or DOA guarantee. Loss, injury, delay, or death after loading is the buyer’s risk. If Creatures later offers a Platform‑coordinated transport option, listings that use that option may state different risk rules.

Delivered terms (if clearly offered). If a listing clearly states that the animal will be delivered to a destination, ownership and responsibility transfer at delivery at that destination. If a listing does not say this, subsection (b) applies.

Casualty before loading. If the animal dies or is materially injured before loading, the seller must promptly refund the purchase price and any shipping paid.

Buyer delay. If the buyer does not pick up or arrange transport within the stated window, the seller may charge reasonable boarding and care fees and, after reasonable notice, may cancel and resell the animal or pursue other available remedies. Any resale shortfall and reasonable costs may be charged to the buyer.

Administrative status in the app. The Platform may show a change in “owner” on an animal’s profile after payment for coordination purposes. That label is administrative only and does not change when ownership and responsibility transfer under this Section 5.11.

Mandatory law. This Section applies to the maximum extent allowed by law. If any non‑waivable law requires a different result for a particular buyer or transaction, that law will control.

Payout trigger alignment. Payout timing is a Platform control and may occur after delivery or handover evidence as described in §5.1, regardless of when title or risk of loss transfers.

5.12 Boarding Subscriptions (Recurring Payments)

Certain services (for example, Boarding Services under § 21) may be sold on a recurring subscription basis. By starting a boarding subscription, you authorize recurring charges to your saved payment method at the price and interval shown at checkout until you cancel. You may cancel any time; cancellation is effective at the end of the current paid period, unless the parties agree otherwise in‑thread for that order (§ 21.16). We may retry failed payments, notify both parties, and suspend non‑essential functionality; the Boarding Provider may continue humane basic care and pursue remedies under § 21.12 consistent with applicable law.

5.13 Marketplace Fees for Boarding

We charge marketplace service fees for certain transactions, including boarding subscriptions. The current fee amounts, who pays them, and when they apply are disclosed at checkout and published in our Fee Schedule, which is incorporated by reference and may be updated prospectively with notice. Plan‑level benefits (for example, Creatures Pro or the Lifetime Deal) may waive or reduce seller‑side fees to the extent stated in the applicable plan terms. Taxes may apply; processor fees may be reflected in payouts. Except where the Fee Schedule or law provides otherwise, fees are non‑refundable.

6. Prohibited Activities and Listings

6.1 Prohibited Species/Items

It is strictly forbidden to use the Platform for any transaction involving:

• Any species of animal that is illegal to sell or trade under applicable law. This includes endangered or protected species without proper permits (e.g., animals listed under CITES Appendices I, II, or III without required documentation), invasive species whose sale is banned, or animals whose trade is prohibited by country/state-specific laws.
• Any animal products or parts (such as ivory, rhino horn, bushmeat, etc.) or any derived item from protected wildlife.
• Animals that have been captured from the wild in violation of law, or that originate from illegal trafficking.
• Any animal that was subject to cruelty or unlawful treatment.
• Human-like creatures or humans (for avoidance of doubt, humans cannot be traded and any listing purporting to sell a person or human body part is void and will be reported to law enforcement).
• Animals for fighting or abuse: Any listing that suggests an animal is intended for fighting, or any sale that would violate anti-cruelty laws (like selling animals for sacrifice or cruel use) is prohibited.

Creatures LLC will remove any such listings and may ban the user involved. The Company will also cooperate with authorities if illegal wildlife trade is suspected.

6.2 Other Prohibited Conduct

Users shall not:

• Violate any laws in using the Platform (including export/import laws, animal welfare laws, or others).
• Use the Platform to launder money or for any fraudulent scheme.
• Interfere with other users’ listings or transactions (e.g., harassing a seller to lower price, or “sniping” buyers with off-platform offers).
• Post false, defamatory, or malicious content about other users or the Company.
• Attempt to circumvent fees or the Platform process (for example, completing a transaction off-platform with someone you met on-platform, to avoid fees, is against these Terms).
• Solicit or engage in transactions that are not permitted on the Platform (e.g., services unrelated to animal sales, multi-level marketing, etc.).
• Offer or provide boarding in violation of required kennel/cattery/stable/pasture licensing, inspection, or animal‑care standards in the jurisdiction where the animal is housed, or misrepresent licensing/compliance status.

6.3 Monitoring and Enforcement

Creatures may monitor, review, and retain on‑Platform communications (e.g., messages, offers) for trust & safety, fraud prevention, dispute resolution, and policy enforcement, consistent with our Privacy Policy. We may remove or edit content and take action, including referral to law enforcement, for illegal or unauthorized use.

6.4 Off‑platform Transactions

We want people to use Creatures because it’s better. We discourage fee‑circumvention and may limit messaging patterns obviously intended to move deals off‑Platform. Marketplace protections (payments, dispute help, etc) apply only to on‑Platform transactions.

If we reasonably evidence that a transaction was initiated on Creatures and completed off‑Platform solely to avoid fees, we may assess liquidated damages equal to our then‑current seller transaction fee that would have applied to the avoided sale, capped at USD $500 per transaction (a reasonable estimate of administrative/marketplace costs, not a penalty).

We’ll exercise this sparingly, with discretion for first‑time or good‑faith behavior, and you can request a waiver.

Event Organizers and Sellers may not collect Event‑related fees, premiums, or Organizer Commissions off‑Platform (fee‑circumvention).

7. Disclaimer of Warranties

7.1 “As-Is” and “As-Available”

The Platform, and all animals, products, and services obtained through it, are provided “AS IS” and “AS AVAILABLE”. Creatures LLC disclaims all warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing or usage of trade. We make no warranty that:

• The Platform will meet your requirements or be available uninterrupted, secure, or error-free at all times.
• The information provided on listings or through the Platform is accurate, reliable, or complete (listing content is user-generated and we do not guarantee its veracity).
• The quality or health of any animal purchased will meet any standards or expectations. Creatures LLC makes no guarantees regarding the health, genetics, temperament, or suitability of any animal beyond any express representations made by the seller. All animals are unique and may carry inherent risks; the buyer assumes full responsibility for any outcomes once the animal is received.

7.2 No Warranty on Transactions

Creatures LLC does not guarantee any outcome of a transaction. Any guidance or advice provided by the Company (such as husbandry information, pricing suggestions, or transaction tips) is for informational purposes only and does not constitute a warranty or guarantee. Users are solely responsible for their interactions and agreements with other users.

7.3 Third-Party Services

If the Platform integrates or suggests any third-party services (such as payment processors, shipping companies, insurance, or veterinary services), Creatures LLC makes no warranty or endorsement of those. Use of third-party services is at the user’s risk and subject to those third parties’ terms and policies.

7.4 No Other Guarantees

No advice or information (oral or written) obtained from Creatures LLC or through the Platform shall create any warranty not expressly stated herein. Users may not rely on any representation or expectation not explicitly set forth in these Terms.

7.5 No Veterinary or Professional Advice

Information on the Platform (including care guides or user content) is general information only and not veterinary or professional advice. Always consult a licensed veterinarian or other qualified professional for care decisions.

8. Limitation of Liability

8.1 No Indirect Damages

To the maximum extent allowed by law, in no event shall Creatures LLC or its affiliates, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever. This includes, without limitation, damages for loss of profits, loss of data, business interruption, emotional distress, or personal injuries or property damage arising out of or related to the use of the Platform or any transaction conducted through it. Creatures LLC shall not be liable for any veterinary costs, medical bills, or legal fees incurred by any party except as required under a valid indemnification claim per Section 10.

8.2 Cap on Liability

To the extent that liability of Creatures LLC is not wholly disclaimed under 8.1, and even if any exclusive remedy provided for in these Terms fails of its essential purpose, the total aggregate liability of Creatures LLC (including its affiliates and agents) for any claim arising out of or relating to these Terms or your use of the Platform shall not exceed the amount of fees you paid to Creatures LLC in connection with the transaction(s) at issue (or, if the claim does not involve a specific transaction, the sum of fees paid in the 6 months prior to the event giving rise to the claim). If you have paid no fees to Creatures LLC, Creatures LLC’s total liability shall not exceed USD $100. This limitation applies collectively to all claims arising from the same set of facts or circumstances.

Example: If you paid a $50 service fee to the Platform on a $1000 animal purchase, and you sue Creatures LLC for any issue relating to that purchase, the most you could recover from the Company (if found liable) would be $50 (the fee amount).

8.3 Liability Allocation

The limitations of liability in this Section 8 are a fundamental part of the agreement between you and Creatures LLC. You acknowledge that Creatures LLC would not be able to offer the Platform or facilitate transactions on an economical basis without such limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In such states, liability is limited to the fullest extent permitted by law.

8.4 No Liability for User Conduct or Events

Creatures LLC is not liable for the conduct, whether online or offline, of any user of the Platform. You acknowledge that there is inherent risk in dealing with strangers, especially when dealing with live animals, and you assume all risks associated with your interactions. Creatures LLC is not responsible for any injury or damage caused by any animal listed on the Platform; any such liability lies with the seller or current owner of the animal. Additionally, Creatures LLC is not liable for any delays, delivery failures, or loss or damage to animals while in transit; those issues should be addressed between buyer, seller, and the shipping carrier or insurer.

8.5 Release

To the fullest extent permitted by law, you release Creatures LLC and its officers, employees, agents, and affiliates from any and all claims, demands, and damages (actual and consequential) arising out of or in any way connected with any dispute you have with another user or a third-party (e.g., a shipping provider) that pertains to a transaction or animal on the Platform. This means that if you have a dispute with a seller or buyer, you release Creatures LLC from any claims, demands, or damages connected to that dispute.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is unlawful (including, where applicable, for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation).

9. Compliance with Laws and Animal Welfare

9.1 Legal Compliance Required

All users agree to comply with all applicable laws and regulations in connection with use of the Platform and any transaction involving an animal. This requirement extends to:

• Animal Welfare Laws: Users must follow all laws aimed at the humane treatment of animals. For example, in the United States, users should abide by the Animal Welfare Act (AWA) and similar state laws, which set minimum standards for the handling, care, treatment, and transportation of animals in commerce. If you are a licensed breeder, dealer, or otherwise regulated party under such laws, you must remain in compliance and nothing on the Platform excuses you from those obligations.
• Wildlife and Conservation Laws: Users shall not engage in any transaction that violates wildlife protection laws (e.g., Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, etc.). If an animal is protected or regulated, all required permits and protocols must be followed. International users must similarly comply with their domestic wildlife laws.
• Import/Export and CITES: For cross-border transactions, international trade laws and treaties must be strictly observed. This includes the Convention on International Trade in Endangered Species (CITES). If an animal is listed under CITES, both seller and buyer must obtain the necessary export and import permits prior to shipping, as moving a CITES-listed species across international borders without a permit is illegal. Additionally, users are responsible for complying with customs declarations, duties, and any inspection or quarantine requirements of the destination country. The buyer should confirm in advance that their country allows the import of the species and obtain any import permit or health certificate required.
• Local Permits and Bans: Some jurisdictions have bans or special permits for certain breeds or species (for instance, a city banning ownership of certain reptiles or requiring a permit for exotic animals). Buyers and sellers must ensure the transaction is lawful in both the origin and destination location. If a law would be violated by completing the sale or delivery, do not proceed with the transaction.
• Transportation Laws: Comply with any laws regarding the transportation of animals. For example, airlines have regulations for transporting pets, and road transporters may need to be registered for transporting certain animals across state lines. The 28-Hour Law in the US (for livestock transport) or similar regulations should be respected if applicable (though typical pet sales may not trigger that particular law, it’s indicative of transport rules that exist). Ensure animals are shipped with any legally required health certificates or acclimation statements.
• Disease Control: In the event of outbreaks (e.g., contagious diseases among certain animal populations), adhere to any governmental orders or advisories that could restrict movement of animals. For instance, during a disease outbreak, certain states might ban importation of certain species or require quarantine. Users should stay informed and comply with such measures.
• Kennel/Stable Licensing & Facility Duties: If you operate a boarding facility (e.g., kennel, cattery, stable, pasture board), you are solely responsible for obtaining and maintaining required licenses/permits, meeting care/sanitation standards, keeping intake/vaccination records, and posting any required signage (e.g., equine‑activity warnings for visitor access). Provide proof on request; Creatures may suspend listings or payouts for non‑compliance.

9.2 No Facilitation of Illegal Activity

The Platform must not be used to facilitate the violation of any law. Users shall not ask others to break laws for them (e.g., asking a seller to mislabel a package to avoid customs). Creatures LLC does not condone any illegal trade or transport of animals. Any attempt to use the Platform for such purposes will result in account termination and may be reported to law enforcement.

9.3 Animal Welfare Commitment

Creatures LLC is committed to the well-being of animals. By using the Platform, users agree:

• They will not engage in cruelty or abuse towards animals involved in Platform transactions.
• They will prioritize the health and safety of animals during and after the transaction. This includes providing necessary food, water, shelter, and veterinary care.
• If a user is found to have treated an animal inhumanely (such as shipping it in a dangerous manner, or a buyer severely neglecting an acquired animal), the Company may take action including banning the user and cooperating with authorities under cruelty statutes.

9.4 Verification and Cooperation

Creatures LLC reserves the right to request proof of compliance with laws from users for any given transaction. For example, the Company may ask to see a copy of a CITES permit, import license, or health certificate before allowing a high-risk international listing to proceed or before releasing funds. Failure to provide requested documentation may result in suspension of the transaction or account. Additionally, Creatures LLC may cancel any transaction if it believes, in good faith, that proceeding would violate the law or these Terms.

Creatures LLC will cooperate with law enforcement and regulatory authorities as legally required. This may include providing information about listings or users if properly subpoenaed or if the Company independently suspects a violation of law (such as illegal wildlife trafficking or fraud).

9.5 No Liability for User Violations

Users bear sole responsibility for understanding and obeying the laws relevant to their activities. Creatures LLC will not be liable for any losses, fines, penalties, or damages arising from a user’s failure to comply with legal requirements. This includes, without limitation: animals seized by government officials, fines for importing without a permit, or penalties for shipping in violation of welfare regulations. If a transaction is rendered impossible or void due to a user’s lack of compliance (e.g., customs confiscates the animal), any loss falls on the parties to the transaction, not on Creatures LLC. The Company is not obligated to refund fees or compensate any party in such events.

9.6 International Transactions – Assumption of Risk

Users engaging in international sales or purchases acknowledge that such transactions can be complex and face unforeseen hurdles (customs delays, extended quarantines, paperwork issues, etc.). Creatures LLC does not guarantee any specific timeline or outcome for international deliveries. In fact, due to potential extended delays in cross-border shipments, Creatures LLC will not mediate disputes solely regarding transit time in international shipping, as these are often outside the control of buyer, seller, or the Company. Buyers and sellers accept the risk of delay and agree to cooperate patiently to get the animal delivered lawfully. If an international shipment is significantly delayed or held, the parties should communicate and possibly agree on caring for the animal’s needs (e.g., if held in quarantine). Arbitration remains available for disputes (like if one party suspects the other of fault), but mere delays due to legal processes are not the Company’s responsibility.

9.7 Sanctions and Export Controls

You warrant you are not a person or entity subject to U.S. sanctions and will not use the Platform in violation of OFAC sanctions programs or export‑control laws. Creatures may block or reverse transactions, freeze payouts, or terminate access to comply with such laws.

9.8 Anti‑Money Laundering / KYC

Creatures may conduct risk‑based KYC/KYB checks, require additional information, and suspend transactions pending review for fraud or AML concerns.

10. Indemnification

10.1 User Indemnity

You (as a user of the Platform, whether buyer, seller, or otherwise) agree to indemnify, defend, and hold harmless Creatures LLC, its parent, affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

• Your breach of these Terms or of any representation or warranty made herein.
• Your violation of any law or regulation (including but not limited to any animal welfare, import/export, or consumer protection laws) in connection with your activities on the Platform.
• Your content on the Platform (including listings, profile information, communications), including any allegation that your content infringes or misappropriates the intellectual property or other rights of any third party.
• Your interactions and transactions with other users, including any sale, purchase, or shipment of any animal, or any dispute with another user arising from a transaction (for example, if a buyer sues Creatures LLC for an issue caused by a seller, the seller would indemnify the Company).
• Any harm or damage caused by an animal that you sold or purchased through the Platform, after possession has transferred to the buyer. (For instance, if after a sale, an animal injures a third party or damages property and that third party brings a claim against Creatures LLC, you agree to indemnify the Company for that claim.)

10.2 Company’s Right to Defense and Control

The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with the defense of that claim. You shall not settle any claim that implicates any Indemnified Party or imposes any obligation on an Indemnified Party without that party’s prior written consent.

10.3 Continued Obligations

This indemnity obligation will survive the expiration or termination of your account or these Terms. This means even if you stop using the Platform, if a claim later arises from your actions while you did use the Platform, you are still responsible for indemnifying the Company.

11. Dispute Resolution and Arbitration Agreement

Please read this section carefully, as it affects your rights and limits how you may resolve disputes.

By agreeing to these Terms, you and Creatures LLC both agree to the following method of resolving any disputes between us:

11.1 Internal Resolution Encouraged

Most concerns can be resolved by contacting Creatures LLC Customer Support at support@creatures.com or through the Platform’s help center. You agree to try to resolve any issue informally by contacting us before initiating arbitration. We will likewise contact you to attempt informal resolution if we have a dispute with you.

11.2 Binding Arbitration

If a dispute is not resolved informally, you and Creatures LLC agree that all disputes and claims between us shall be resolved through final and binding arbitration on an individual basis, rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act (FAA) and remains in force even after termination of these Terms.

• Scope: This agreement to arbitrate includes any claim or controversy arising out of or relating to these Terms, the Platform, your or our relationship with each other, or any transaction conducted through the Platform. It is intended to be broadly interpreted. The arbitrator will decide all such disputes including, but not limited to, any claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. It also includes claims against our employees or agents or assigns. The only disputes not covered by this Section 11 are those stated in subsection 11.3 (Exclusions).
• Class and Collective Action Waiver: You and Creatures LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall have no authority to consolidate or join the claims of multiple parties or to otherwise preside over any form of a class, collective, representative, or private attorney general proceeding. You understand that by agreeing to this class action waiver, you may only pursue claims against Creatures LLC in an individual arbitration, and you waive any right to participate in a class or representative action against the Company. This class action waiver is a material and essential part of this arbitration agreement. If this waiver is found to be unenforceable with respect to a particular claim (such that a class action could proceed), then the entirety of the arbitration agreement shall be deemed null with respect to that claim, and it must be brought in court (subject to the remaining provisions of these Terms). However, the class waiver shall continue to apply in arbitration to all other claims or claimants.
• Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) (or another established ADR provider if AAA is unavailable, by mutual agreement of the parties) under the applicable rules (if you are an individual consumer, the AAA Consumer Arbitration Rules may apply; if not, the Commercial Arbitration Rules may apply). You can find AAA’s rules at www.adr.org or by calling AAA. To initiate an arbitration, you must send a written demand for arbitration to Creatures LLC at our registered address (available on our website) and to AAA. The demand must describe the claim and relief sought. Creatures LLC will send any arbitration notice to you at the contact information we have on file (so please keep your email and address up to date). JAMS may be utilized as fallback if AAA is unavailable or unsuitable, by mutual agreement.
• Arbitration Location and Format: If your claim is for US$10,000 or less and you do not wish to travel, you may choose to have the arbitration conducted telephonically or via written submissions. Otherwise, the arbitration will typically be conducted in the county (or equivalent) of your residence, or another mutually agreed location. Creatures LLC will consider requests to hold any in-person hearing in a location convenient to you. The parties may also agree to virtual hearings.
• Arbitrator’s Authority: The arbitrator is empowered to resolve the dispute with the same authority as a judge in court, but only on an individual basis. The arbitrator may award any form of individual relief (including injunctive relief, declaratory relief, or damages) that a court could, but only in favor of the claimant and only to the extent necessary to provide relief warranted by that claimant’s individual claim. The arbitrator must follow these Terms and can award attorneys’ fees and costs if a law or the AAA rules allow it. Judgment on the arbitration award may be entered in any court with jurisdiction.
• Arbitration Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by AAA’s rules. Creatures LLC will reimburse your portion of the arbitration filing fee up to the amount of the filing fee for a complaint filed in court (if the AAA filing fee is higher) unless the arbitrator finds your dispute frivolous or brought in bad faith. Each side bears its own attorneys’ fees, unless a law says the prevailing party can recover fees (in which case the arbitrator can award reasonable fees).

11.3 Exclusions

Notwithstanding the foregoing agreement to arbitrate, the following types of matters are NOT subject to arbitration under these Terms:

• Small Claims: Either party may assert claims in small claims court if they qualify, so long as the matter remains in that court and is pursued only on an individual (non-class) basis.
• Injunctive Relief for IP or Unauthorized Use: Either party may seek temporary injunctive relief in court (without posting bond) for claims related to intellectual property infringement or theft of service, unauthorized access, fraud, or other misuse of the Platform that violates law, in order to protect their rights pending final resolution by arbitration. For example, Creatures LLC could go to court to enjoin a hacking attempt or a violation of Section 6, and a user could go to court to enjoin a misuse of their copyrighted content. However, any request for monetary damages related to such claim would still be arbitrated.
• Opt-Out for New Users: If you are a new user, you have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to support@creatures.com and/or Creatures LLC, 108 5th Street SE, Suite 206A, Charlottesville, VA 22902 USA within 30 days of first accepting these Terms. The opt-out notice must include your name, address, username (if any), and a clear statement that you do not agree to arbitration. If you opt out, or for any disputes not covered by this Section 11, Section 12 (Governing Law and Forum) will apply. Opting out of this arbitration agreement will not affect any other provisions of these Terms.

11.4 Severability

Except as provided in the Class Action Waiver above, if any portion of this arbitration agreement is found unenforceable, that portion shall be severed, and the remaining parts shall remain in full force.

11.5 Confidentiality

Any arbitration proceedings, and all information disclosed during arbitration, shall be kept confidential by the parties, except as may be required to enforce an award or as allowed by law.

11.6 Waiver of Jury Trial

If for any reason a claim proceeds in court rather than arbitration, you and Creatures LLC each waive any right to a jury trial for any claim to the fullest extent permitted by law.

This Section 11 constitutes your and Creatures LLC’s written agreement to arbitrate disputes under the Federal Arbitration Act.

11.7 Mass‑Filing Management (AAA/JAMS)

If 25 or more substantially similar arbitration demands (same counsel or coordinated counsel) are filed against a party, the parties agree that the administrator’s Mass Arbitration rules will govern administrative issues, batching, and fees—AAA Mass Arbitration Supplementary Rules if AAA administers, or JAMS Mass Arbitration Procedures and Guidelines if JAMS administers (but only if expressly adopted, per JAMS policy).

The parties will work with a process/batch administrator, may conduct bellwether proceedings, and non‑bellwether claims may be stayed pending outcomes of test cases. Any fee‑shifting must be consistent with applicable law and provider rules. 

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms and any dispute arising under them (including any arbitration governed by Section 11) shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement.

12.2 Jurisdiction for Excluded Claims

In the unlikely event a dispute is found not subject to arbitration (or if a party properly opts out of arbitration, or for enforcement of an arbitration award), then any judicial proceedings must be brought in the state or federal courts located in Charlottesville, Virginia, and both you and Creatures LLC consent to venue and personal jurisdiction in those courts. You also agree to waive any objection based on inconvenient forum.

13. Termination

13.1 Company’s Right to Terminate

Creatures LLC reserves the right to suspend or terminate your account (or your access to certain parts of the Platform), at any time, with or without prior notice and for any reason, including if we believe you have violated these Terms or any applicable law. We may also suspend or discontinue the Platform (in whole or in part) at any time.

13.2 Your Right to Terminate

You may stop using the Platform at any time. If you wish to close your account, you may do so by contacting Creatures LLC or using any self-service account closure option that we may offer.

13.3 Effect of Termination

Upon termination of your account, your right to access or use portions of the Platform immediately ceases. Termination may also include the removal of your listings, profile, or other content associated with your account.

13.4 Survival

Even after your account is suspended or terminated, certain provisions of these Terms will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution provisions, and any other terms that by their nature should survive.

13.5 No Liability for Termination

To the fullest extent permitted by law, Creatures LLC shall not be liable to you or any third party for termination of your account or access to the Platform in accordance with these Terms.

13.6 Investigatory Holds & Risk Controls

We may, in our discretion and without prior notice, temporarily hide or de‑list any listing; pause or cancel a transaction; delay or hold payouts (consistent with § 5.1); limit account features; request additional information (e.g., permits, vaccination records, ownership proof); or otherwise take steps we believe are reasonably necessary to investigate suspected policy violations, fraud, animal‑welfare concerns, or legal‑compliance issues. We may maintain holds until Platform‑specified receipt/delivery confirmations occur, a dispute is resolved, or risk reviews are complete. We may maintain such measures as long as reasonably needed to complete our review or to protect users, animals, or the public.

14. Miscellaneous Provisions

14.1 Changes to Terms

Creatures LLC may update or modify these Terms from time to time. We will provide notice of material changes (e.g., via the website or email). Your continued use of the Platform after updated Terms are posted constitutes acceptance of the new Terms. If you do not agree to changes, you must stop using the Platform.

14.2 Entire Agreement

These Terms (and any policies or guidelines incorporated by reference) constitute the entire agreement between you and Creatures LLC regarding the subject matter hereof, and supersede any prior understandings or agreements (oral or written).

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

14.4 No Waiver

Creatures LLC’s failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision is effective only if in writing and signed by a duly authorized representative of Creatures LLC.

14.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Creatures LLC. The Company may freely assign these Terms (for example, in the event of a merger or acquisition).

14.6 No Third-Party Beneficiaries

Except as expressly provided (e.g., indemnified parties), these Terms do not confer any rights or remedies on any person other than the parties to this agreement.

14.7 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Creatures LLC.

14.8 Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (including carrier embargoes or weather conditions affecting live‑animal shipping).

14.10 Beta Features

From time to time Creatures may offer beta/experimental features. These are provided “AS IS” and may be modified or withdrawn at any time.

14.11 Contact Information

For questions or notices regarding these Terms, please contact us at: 

support@creatures.com • (434) 218‑2178

108 5th Street SE, Suite 206A, Charlottesville, VA 22902

15. Lifetime Deal Terms and Conditions

The following terms govern the temporary Lifetime Deal offer. These Lifetime Deal terms complement the general Terms of Service above; in the event of any conflict regarding the Lifetime Deal, the provisions below control.

15.1 Included Benefits

Early adopters who purchase the Lifetime Deal are granted the following benefits for the duration of this agreement:

• Unlimited Premium Access: You receive unrestricted, lifetime access to all current and future premium features of the Creatures LLC platform. There are no limits on usage of premium tools or functionalities available to paid members under this deal.
• No Seller Service Fees or Commissions: Creatures LLC will waive all seller-side service fees and sales commissions on every transaction you conduct as a seller on our platform. Unlike our standard plans (which include a 5% seller service fee or require an annual subscription), Lifetime Deal members pay zero seller fees on an unlimited number of transactions. This means you keep 100% of the proceeds from your sales (aside from any external payment processing fees not charged by Creatures LLC).
• The Lifetime Deal waives only fees charged by Creatures; it does not waive any Organizer Commission set by a third‑party Event Organizer.
• The ‘No Seller Service Fees or Commissions’ benefit applies to seller‑side boarding fees on the Platform as well as animal sales, for so long as the Lifetime Deal remains in effect.

15.2 Buyer Service Fees

Please note that the Lifetime Deal does not eliminate buyer-side fees. Any standard service fees or premiums charged to buyers in the marketplace will still apply to the buyer in each transaction. In other words, while you as a seller will not incur platform fees under this Lifetime Deal, the party purchasing your goods or services must still pay any applicable buyer service fee (such as transaction-based buyer premiums or payment processing fees charged to buyers). This distinction ensures that only the seller’s fees are waived as part of the Lifetime Deal, and buyer fees remain in effect according to our normal fee schedule.

15.3 Duration of the Lifetime Deal (“Lifetime” Definition)

The term “lifetime,” as used in this offer, refers to the operational lifetime of Creatures LLC and its platform – not the lifetime of any individual customer. In practical terms, this means your Lifetime Deal benefits will remain in effect for as long as Creatures LLC continues to operate its current services and platform as an ongoing business. You are entitled to enjoy the Lifetime Deal’s perks indefinitely, until such time as the company ceases to operate (or until the deal is terminated under the conditions outlined below).

Importantly, this Lifetime Deal does not guarantee that Creatures LLC’s platform or services will continue forever, nor obligate the company to exist or operate under its current form for any minimum period. It grants you rights for the duration of the company’s active operations, but if the service or the company stops operating, the Lifetime Deal will naturally end at that time. In summary, “lifetime” means the life of the company’s platform and not your personal lifetime or any guaranteed number of years of service.

15.4 Company Sale, Merger, or Closure

If Creatures LLC is ever sold, merged into another entity, or undergoes a fundamental change in ownership or corporate structure, or if it ceases operations entirely (shuts down the business), the Lifetime Deal will be terminated as of the effective date of that event. In plain terms, the Lifetime Deal (and all associated benefits) is tied to Creatures LLC as it exists today; it will not automatically continue under new ownership or after the company has closed.

This means that if, for example, Creatures LLC is acquired by another company or merges with another organization, the new entity is not obligated to honor your Lifetime Deal benefits. Similarly, if Creatures LLC discontinues its platform or goes out of business, your Lifetime membership benefits will end because the platform and services will no longer be operational.

By entering into this agreement, you acknowledge that the Lifetime Deal is contingent on the continued, independent operation of Creatures LLC. The company makes no promise that the business will never be sold or restructured, and no compensation or refund will be due to Lifetime Deal members if such corporate changes occur that result in termination of the Lifetime Deal (see “No Refunds” below).

15.5 Platform Changes and Feature Modifications

Creatures LLC reserves the right to modify, update, replace, or remove features and functionalities of its platform over time as part of routine improvements, upgrades, or business pivots. The Lifetime Deal guarantees that you will have access to the platform’s premium features for the life of the service, but it does not guarantee that any specific feature will remain available unchanged forever.

During the course of your Lifetime Deal, the platform’s offerings may evolve. For example, the company may introduce new features, retire or change existing ones, or alter the way certain tools or sections of the site work. Such changes to the platform or services – including the discontinuation of particular premium features or the addition of new ones – shall not constitute a breach of this Lifetime Deal agreement. Creatures LLC will endeavor to continue providing value that is comparable to the original premium offering, but the exact nature of the premium features may vary over time as the platform is updated.

By accepting the Lifetime Deal, you agree that future modifications to the platform or services will not invalidate the Lifetime Deal, as long as the core benefits (premium access and no seller fees) are maintained in some form. The company’s right to adapt its product ensures that it can improve or change the user experience and business model without violating this agreement.

15.6 Non-Transferability

The Lifetime Deal membership is personal to you (the original purchaser) and is strictly non-transferable. You may not sell, assign, transfer, gift, or sublicense your Lifetime Deal or any of its benefits to any other person or entity. The membership is intended for the sole use of the account holder who originally signed up under the Lifetime Deal.

Any attempt to share the benefits with others or to transfer the membership (for example, by selling your account or credentials to a third party) is a violation of these terms. In the event of such an attempted transfer or any unauthorized use of your Lifetime Deal benefits by someone other than you, Creatures LLC reserves the right to terminate your Lifetime Deal immediately. If termination occurs due to a violation of the non-transferability clause, you will forfeit all Lifetime Deal privileges without any refund (as this would be considered a breach of these terms on your part).

15.7 No Refunds

All payments for the Lifetime Deal are final. By purchasing the Lifetime Deal, you acknowledge and agree that no refunds will be issued for any fees paid, under any circumstances, to the maximum extent permitted by law. This no-refund policy applies regardless of future events that may affect the availability or nature of the services. Specifically, no refund (full or partial) will be given in situations including, but not limited to, the following:

• Company Shutdown: If Creatures LLC ceases operations, shuts down the platform, or goes out of business entirely, you will not be entitled to a refund. The Lifetime Deal is a one-time purchase for the duration of the company’s operational life, and if that life ends, no portion of your payment will be returned.
• Sale or Merger: If Creatures LLC is sold, merged, or acquired by another company and as a result the Lifetime Deal is ended or not honored by the new entity, you will not receive a refund. (As noted, the Lifetime Deal terminates upon sale or merger of the company, and you assume this risk by accepting the deal.)
• Service Changes: If the platform’s features or services are significantly changed, reduced, or discontinued, or if the Lifetime Deal benefits become less useful to you because of changes in the platform, you are not entitled to a refund. The company has the right to change its services (see “Platform Changes” above), and such changes – even if substantial – do not entitle members to money back.

By entering into this Lifetime Deal, you assume the risk that the company’s circumstances or services may change in the future. The pricing of this Lifetime Deal reflects this risk (for example, the opportunity to avoid ongoing fees is balanced by the no-refund policy even if the service ends earlier than expected). In essence, you are trading the possibility of future changes or even early termination for the immediate benefit of no ongoing seller fees and lifetime premium access.

No refunds or credits will be provided for any reason not explicitly required by law. Creatures LLC’s general refund policy (if any) does not apply to the Lifetime Deal. We recommend that you purchase the Lifetime Deal only if you understand and accept that you will not receive a refund in scenarios where the company’s services change or end. This does not affect any non‑waivable rights under applicable law.

15.8 Additional Provisions

These Lifetime Deal terms are intended to complement the general Terms of Service and other policies of Creatures LLC. By purchasing the Lifetime Deal, you agree to abide by all applicable terms and conditions of the platform. In the event of any conflict between these Lifetime Deal Terms and the general Terms of Service, these Lifetime Deal Terms will govern with respect to the Lifetime Deal provisions. All other aspects of your relationship with Creatures LLC (e.g. acceptable use of the platform, dispute resolution, etc.) remain subject to our standard Terms of Service.

All provisions of this Lifetime Deal offer are subject to applicable law. If any part of these terms is found to be unenforceable, the remainder of the terms shall remain in effect and the unenforceable portion shall be interpreted as closely as possible to reflect the original intent (to the extent permitted by law). Failure by Creatures LLC to enforce any provision of these terms in a particular instance shall not constitute a waiver of our right to enforce it in the future.

By accepting the Lifetime Deal, you confirm that you have read and understood these terms, and that you agree to be bound by them. This document sets forth the entire agreement regarding the Lifetime Deal and supersedes any prior representations or discussions about the offer. If you do not agree with any of the above conditions, you should not proceed with purchasing or using the Creatures LLC Lifetime Deal.

16. User Content & Intellectual Property (DMCA)

16.1 Ownership & License

You retain ownership of content you post. You grant Creatures a worldwide, non‑exclusive, royalty‑free, sublicensable, and transferable license to host, store, reproduce, adapt (formatting), publish, publicly display, distribute, and use your content to operate, promote, and improve the Platform. You grant us a limited license to use your business name, trademarks, logos, and reviews/ratings to operate and promote the Platform and your listings. You represent you have rights to grant this license and your content doesn’t infringe third‑party rights.

16.2 Copyright Infringement Policy (DMCA)

Creatures complies with 17 U.S.C. §512 and maintains a Designated Agent to receive notices of claimed infringement. We will remove allegedly infringing material upon proper notice and terminate repeat infringers in appropriate circumstances. Our DMCA notice and counter‑notice procedures and Designated Agent’s contact details are posted here. Creatures will register and keep current its Designated Agent with the U.S. Copyright Office.

DMCA Notice (U.S. only)

We respect intellectual property rights and comply with 17 U.S.C. §512.

Designated Agent to Receive Notices of Claimed Infringement:

Title: Copyright Manager

Address: 108 5th Street SE, Suite 206A, Charlottesville, VA 22902 USA

Phone: +1 (434) 218‑2178

Email: support@creatures.com

How to send a notice. A valid takedown notice must include the six elements in §512(c)(3) (signature; work identified; material & location; your contact info; good‑faith statement; accuracy/perjury statement). Send notices to our Designated Agent above. We may notify the user and, where appropriate, remove or disable access. 

Counter‑notice. If your content was removed and you believe it was a mistake, send a counter‑notice that meets §512(g)(3) (signature; identification of removed material & former location; perjury statement; consent to jurisdiction/service). If we receive a valid counter‑notice, we may restore the content after the statutory waiting period unless the notifier files suit. 

Repeat infringers & technical measures. We terminate repeat infringers in appropriate circumstances and accommodate standard technical measures as described in §512(i).

17. Reviews & Feedback

Users may post reviews and ratings.

Prohibited: fake/paid reviews, shilling, review extortion (“refund or I’ll post”), harassment, or retaliation for honest reviews. Creatures may remove, limit, or edit reviews that violate policies or law.

18. Regulatory Disclosures

18.1 INFORM Consumers Act (U.S., if applicable)

If Creatures qualifies as an “online marketplace” for consumer products and you are a “high‑volume third‑party seller,” you must provide, verify, and annually certify required information (e.g., bank, government ID, tax ID, contact details), consent to verification, and keep it current. Creatures may disclose required information to Buyers as the law requires and suspend non‑compliant sellers.

18.2 EU Users – Digital Services Act (DSA)

For EU users, Creatures provides a notice‑and‑action channel for illegal content, will issue statements of reasons for restrictions, and provides trader traceability for commercial sellers consistent with the DSA (incl. Article 30). Rights of redress are available under applicable EU law. 

19. Auctions & Bidding

19.1 Definitions

“Auction” means a time‑limited listing where Buyers place bids. “Bid” means a Buyer’s binding offer to buy the Item at the bid price plus applicable fees, taxes, and shipping. “Reserve Price” means the minimum price (if any) at which the Seller agrees to sell. “Buyer Service Fee” is Creatures’ buyer premium shown in the bid flow.

Auctions may be grouped into Auction Events with unified timing; §20 applies in addition to this §19. (Buyer Service Fee remains as shown in the bid flow.)

19.2 Auction type; reserve

All auctions are “with reserve” by default unless the listing explicitly states “without reserve.” Sellers may withdraw Items before the auction closes if the reserve is not met. If “without reserve” is explicitly stated, the Item will not be withdrawn after bids are called unless no bid is received within a reasonable time.

19.3 Bidding = binding offer; when a contract forms

By placing a bid, you make a binding offer to purchase the Item at your bid price plus the Buyer Service Fee, taxes and shipping. A binding contract between the Seller and highest eligible Bidder forms automatically when the auction closes and (i) the reserve is met or (ii) the Seller otherwise accepts the high bid. Creatures is not a party to that contract. (Your agreement with Creatures is these Terms.) Courts generally enforce clickwrap when users receive conspicuous notice and unambiguously assent; your bid flow will log assent.  

19.4 Card authorizations; deposits

To bid, you authorize a temporary payment authorization (shown in the bid flow). If you win, that authorization may be captured or replaced with the final charge. If you do not win, Creatures will promptly reverse the unused authorization; the timing of release depends on your card issuer. Card networks expect reversals for unused authorizations and may assess “misuse” fees if merchants fail to reverse.  

19.5 Payment deadline; default

If you win, you must complete payment within 24 hours (unless the listing specifies another deadline). If you fail to pay: (a) the Seller may cancel; (b) Creatures may charge a Bidder Default Fee up to the amount of the authorization or place your account in negative balance and recover via §5 (set‑off/charge methods); and (c) we may offer the Item to a backup bidder or re‑list it. Bidder Default Fees are liquidated damages reflecting administrative and marketplace costs, not a penalty.

19.6 Bid increments; tie bids; timekeeping

Creatures sets minimum bid increments and uses Platform time as the official clock. Simultaneous bids are resolved by earliest timestamp.

19.7 Retractions

No bid retractions except for an obvious, promptly reported typo (e.g., misplaced decimal) or account compromise, and only before auction close. Creatures decides in its discretion.

19.8 Anti‑sniping / extensions (if enabled)

Some auctions may use soft‑close extensions: bids near close extend the time window by a preset amount (e.g., 60–120 seconds). The listing will indicate if soft‑close is enabled.

19.9 Shill bidding & collusion

Shill bidding (bidding on your own or coordinating to inflate price), bid shielding, or collusion are prohibited and may result in account action, cancellation, and loss of fees.

19.10 Seller responsibilities

Sellers must (a) honor the outcome when reserve is met or high bid accepted; (b) disclose material conditions; (c) follow all shipping and welfare rules (§3, §9).

19.11 Creatures’ role

Creatures provides the auction tool but is not an auctioneer or agent of either party, except as limited payment collection agent under §5. Creatures may pause, extend, or cancel an auction to correct errors, manage risk, comply with law, or address technical issues.

19.12 EU consumers; withdrawal rights

If the Buyer is an EU consumer, distance‑selling rules may grant a 14‑day right of withdrawal from the contract unless an exception applies. Goods liable to deteriorate or expire rapidly (including many live animals) may fall under the Article 16(d) exception; where that exception applies, no withdrawal right is available. Sellers offering to EU consumers must clearly indicate whether an exception applies and comply with any mandatory information and refund rules.

20. Auction Events

Creatures provides tools for users to create and manage Auction Events that aggregate multiple Auctions into a unified experience with a common schedule and dedicated event page. Section 19 (Auctions & Bidding) governs each Auction; this Section 20 governs the event overlay. Creatures is not an auctioneer and is not a party to buyer–seller contracts.

20.0 Definitions (for this Section)

Auction Event: a coordinated, time‑bound grouping of multiple Auctions displayed on a single event page with a common start and end time.

Event Organizer: the user who creates/manages an Auction Event using the Platform tools (may be Creatures or any eligible user).

Participating Auction: an Auction a Seller enrolls into an Auction Event.

Organizer Commission: a seller‑side commission (percentage or flat amount), set and disclosed by the Organizer, deducted from Seller proceeds on successful sales in that Event; it is separate from any Creatures fee.

20.1 Eligibility & Access

Creatures may grant, refuse, suspend, or remove organizer access for risk, legal, or policy reasons. Organizers must keep their account in good standing.

20.2 Creating & Enrolling

Organizer sets the event name and description and a uniform start and end time; the event page lists Participating Auctions. Sellers enroll by selecting the Event (or accepting an invitation). A listing may be enrolled in only one Auction Event at a time.

20.3 Unified Timing & Extensions

All Participating Auctions run concurrently during the event window. If anti‑sniping/soft‑close is enabled, late bids may extend the affected Auctions beyond the nominal event end time, as described in Section 19.8.

20.4 Edits & Removal

After the Event begins, Sellers may not materially edit Participating Auctions. Removal during the Event requires legal or animal‑welfare necessity or Organizer consent, and remains subject to Section 19 (including any reserve/withdrawal rules) and Section 5 (cancellations, refunds, and reversals).

20.5 Fees

Buyer Service Fees apply as shown in the bid flow. If disclosed for an Event, an Organizer Commission is an additional seller‑side deduction and is not charged by Creatures. Event pages and enrollment flows will conspicuously display any Organizer Commission; enrolling a listing into the Event constitutes consent to that commission.

20.6 Funds Flow

Creatures acts as limited payment collection agent to collect buyer funds, deduct applicable fees and any Organizer Commission, and disburse net amounts to Seller and Organizer. Payout timing, holds/reserves, set‑off, and chargebacks follow Section 5. If a sale is canceled or reversed, Organizer Commissions may be reversed or clawed back.

20.7 Conduct & Compliance

In addition to Sections 6 and 19, Organizers must not: (i) solicit or collect off‑Platform payments, side fees, or Organizer Commissions; (ii) engage in shill bidding, collusion, or other market manipulation; (iii) misuse participant data or use it for purposes unrelated to the Event, including exporting or selling such data; (iv) run unlawful promotions; or (v) steer bidders off‑Platform to avoid Buyer Service Fees. Violations may result in removal of the Event, forfeiture of commissions, and account action.

20.8 Promotion & IP

Organizer and Sellers grant Creatures a non‑exclusive, worldwide, royalty‑free license to use event titles, marks, and listing media to advertise the Event on and off the Platform. Organizer warrants they have rights to any branding or content they upload.

20.9 Changes/Cancellation; Role

Creatures may pause, extend, reschedule, or cancel an Auction Event (or any Participating Auction) to correct errors, manage risk or fraud, comply with law, or address technical issues, consistent with these Terms and Section 19. Creatures provides the auction tools and payments functionality and is not an auctioneer; it is not a party to buyer–seller contracts, except as limited payment collection agent as described in Section 5.

20.10 Relationship

Event Organizers are independent users and are not agents, partners, or employees of Creatures; they have no authority to bind Creatures.

20.11 Conflicts

If any Event‑specific rule posted by an Organizer conflicts with these Terms, these Terms control. Event‑specific rules that expand—but do not reduce—protections may apply if clearly disclosed.

21. Boarding Services

21.1 Scope & Roles

Certain users (“Boarding Providers”) may offer ongoing animal boarding and care services to other users (“Owners”) either as an add‑on to an animal purchase or as a standalone subscription. Creatures operates the Platform as a marketplace and limited payment collection agent only (§1.6). Creatures is not a party to any boarding contract between users, does not take custody of animals, and does not supervise Boarding Services.

21.2 Formation; On‑Platform Records; No Separate Contract Required

A binding boarding agreement forms when an Owner purchases a boarding plan through the Platform or accepts a Provider’s on‑Platform boarding offer. The agreement consists of these Terms, the listing and checkout disclosures, and any written terms the parties agree in the listing’s message thread for that animal/order. On‑Platform confirmations and message‑thread acknowledgments are electronic records and signatures; no wet‑ink contract is required.

21.3 Pricing & Optionality; Sale Price Excludes Boarding

If boarding is offered alongside an animal listing, the animal’s sale price excludes boarding unless the listing expressly states that boarding is included. Sellers may mark boarding as optional or required for a given listing; if optional, the buyer chooses at checkout whether to add it or may purchase standalone boarding from another Provider after the sale.

21.4 Default Inclusions (unless the listing states otherwise)

The monthly boarding fee includes: (a) species‑appropriate housing/containment and sanitation; (b) fresh water available at all times and nutritionally appropriate feed provided at the Provider’s standard schedule; (c) routine welfare checks at least once every 24 hours; and (d) reasonable updates (photos/video/notes) posted on the animal’s Creatures record at a reasonable cadence. Providers grant Creatures the licenses needed to host these updates (see §16).

21.5 Default Exclusions (available as add‑ons with written consent)

Unless clearly included in the listing or agreed in the message thread, the fee excludes: supplements or special feed; training/exercise programs; grooming/farrier/hoof care; parasite prevention/treatment; veterinary examinations, diagnostics, procedures, and medications; insurance; transport; and special Owner visit accommodations.

21.6 Application & Approval (Optional)

A Provider may require application and approval before accepting a boarding order. If enabled, the Owner completes the application (the Platform supplies a default prompt; Providers may add custom fields). The Provider may accept or decline at their discretion and may withdraw approval prior to arrival if material information is false or conditions materially change (e.g., declared disease outbreak affecting intake).

21.7 Health Prerequisites & Intake

Providers may condition intake on proof of vaccinations, deworming, negative tests, quarantine, or other reasonable health and biosecurity measures consistent with applicable law and species norms. Owners must disclose known health, behavior, and exposure history. Providers may isolate or deny services for animals showing signs of illness or undisclosed behavior risk.

21.8 Owner Obligations

The Owner must: (a) pay all fees when due; (b) provide accurate, complete information about the animal; (c) maintain reachable contact information; (d) comply with facility rules communicated in the listing or messages; and (e) for cross‑border arrangements, manage any permits or legal prerequisites if later relocating the animal.

21.9 Provider Obligations

The Provider must: (a) meet the default inclusions in §21.4 or any heightened terms in the listing; (b) comply with animal‑welfare laws, facility licensing or inspection requirements, and disease‑control rules; (c) keep reasonable care records and post regular updates through Creatures; and (d) promptly notify the Owner of material injuries, illnesses, escapes, or significant condition changes.

21.10 Commingling & Group Activities (Opt‑In)

Providers will not commingle dogs in group play or turn out livestock with other animals or similar situations without the Owner’s express opt‑in in the listing, checkout, or message thread. Owners who opt in acknowledge inherent risks from animal interactions, including injury or disease transmission, and agree to follow facility rules for such activities.

21.11 Emergency Veterinary Care & Insurance

If, in a veterinarian’s reasonable judgment, immediate care is needed to prevent suffering or material harm and the Owner cannot be reached promptly, the Provider may obtain emergency veterinary treatment at the Owner’s expense. Owners may set a notify‑first spending cap in the order, except where delay risks serious harm. Owners are encouraged to carry mortality/medical coverage; Providers are encouraged to carry care, custody, and control (CCC) liability coverage where available.

21.12 Subscription Billing; Renewal; Cancellation

Boarding may be sold on a recurring subscription. The checkout will disclose the price, billing interval, renewal terms, and how to cancel. Owners can cancel at any time; cancellation is effective at the end of the current paid period unless both parties agree otherwise in the message thread for that order. The Platform will send a post‑purchase acknowledgment that repeats material terms and cancellation method. Marketplace service fees for boarding are disclosed at checkout and in the Fee Schedule and may be updated prospectively; see §5 (Payments) and the Fee Schedule for details.

21.13 Owner Duties on Cancellation or Lapse

Important: If you cancel or allow your boarding subscription to lapse, you must either (a) agree in writing with the Provider (on‑Platform) to continue boarding on revised terms, or (b) remove or lawfully transfer the animal by the effective end date under §21.14. If you do neither, the Provider may treat the situation as non‑payment or abandonment and proceed under §21.15 to the extent allowed by local law.

21.14 Pickup/Removal on Cancellation; Late Pickup

When a boarding subscription ends for any reason, the Owner must remove or lawfully transfer the animal by the end of the paid period (unless a different date is agreed in messages). If the animal remains after that date, the Provider may (a) continue humane basic care and charge a daily rate at its then‑current posted rate until removal; and (b) after required notices and wait periods, pursue lien/abandonment remedies under § 21.15. The Platform may send reminder notices before and after the end date. (This does not limit any mandatory local rule that requires surrender of companion animals to a shelter/rescue rather than private sale.)

21.15 Non‑Payment, Lien & Abandonment (Local Law Controls)

To the fullest extent permitted by applicable law, the Provider may assert a lien for unpaid boarding or care charges and may follow statutory abandonment procedures (including required notices and waiting periods) to rehome or sell the animal or surrender it to a shelter or rescue, as the jurisdiction requires. Because requirements vary, the Provider must follow the local statute where the animal is boarded. This section supplements, and does not limit, any non‑waivable statutory rights or duties.

Species‑Specific Rules. Some jurisdictions require companion animals left at boarding/grooming/kennel facilities to be surrendered to a public shelter or licensed rescue, rather than sold by the facility. In those locations, sale on Creatures is not permitted under this Section, and the Provider must follow the required surrender/adoption pathway.

Limited Agency; Proceeds. For any disposition listing permitted under this Section, the Provider authorizes Creatures to act as limited payment collection agent to receive sale proceeds, deduct lawful charges and Platform fees, and remit the net to the Provider (or to the Owner or a public authority if required by law). Creatures is not a lienholder, trustee, consignee, or legal advisor and does not take title to the animal. Any surplus or statutory accounting required by law remains the Provider’s responsibility.

21.16 Creatures Abandonment & Lien Assistance (Optional Tools)

We may offer optional workflow tools to help Providers follow local lien or abandonment procedures (for example: deadline calculators, notice templates, document storage, and checklist tracking). These tools are informational only and not legal advice. We may require proof of compliance (for example, copies of mailed notices, publication, or shelter transfer paperwork) before allowing any disposition listing to go live and may decline or remove any listing that appears non‑compliant.

21.17 Disposition Listings on the Platform (Where Permitted)

Where permitted by applicable law and after completing all required statutory steps, a Provider may use the Platform to list an animal for sale or auction to satisfy a lawful lien or to rehome the animal. By enabling this option, the Provider represents that the method of disposition (public auction, private sale, transfer to rescue/shelter, or other lawful method) is permitted for that species and jurisdiction and that all required notices and hold periods are complete. For any such listing, Creatures may act as limited payment collection agent to receive sale proceeds, deduct lawful charges and Platform fees, and remit the net as required by law. Creatures does not take title to the animal and is not a lienholder or trustee. If local law requires companion animals to be surrendered to a shelter or rescue rather than sold, sale on the Platform is not permitted.

21.18 International & Cross‑Border Boarding

If the Owner resides in a different country from the boarding location, the Owner remains responsible for import/export, quarantine, veterinary certificates, and any CITES or wildlife permits if later moving the animal across borders. Boarding does not guarantee exportability or importability. §9 (Compliance) applies.

21.19 Title; Bailment; Standard of Care; Risk Allocation

Boarding does not transfer title. The Provider holds the animal as a bailee for hire and must exercise ordinary care under the circumstances. Nothing in these Terms waives liability for gross negligence or willful misconduct where such waivers are not permitted by law. Owners acknowledge inherent risks of animal ownership and facility environments, including injury, disease exposure, escape, and natural behaviors, especially when opting into commingling or group activities.

21.20 Visits & Facility Access

Owner visits are not included in the boarding fee and require advance scheduling and adherence to facility rules. Providers may charge for visits requiring staff escort or occurring outside ordinary business routines. Providers are responsible for any required facility postings or notices (for example, equine‑activity warnings for visitor access) and for compliance with kennel/stable licensing and care standards where applicable.

21.21 Modifications to Defaults

Any deviation from the defaults in this Section must be stated in the listing, shown in the checkout flow, documented in the listing’s message thread, or in the messages between parties for the specific boarding order. Clear on‑Platform acceptance by both parties will amend the boarding agreement for that order.

By using the Creatures LLC Platform, you acknowledge that you have read, understood, and agreed to these Terms. Creatures LLC is dedicated to creating a safe, lawful, and positive environment for animal enthusiasts to trade responsibly. Thank you for helping us uphold these standards.