Terms of Service

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). You may not use the Services in a way that would violate applicable law.

2. Intellectual Property Rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content solely for your personal, non-commercial use or internal business purpose.

Your submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose, without acknowledgment or compensation to you.

3. User Representations

By using the Services, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You have the legal capacity and agree to comply with these Legal Terms
• You are not a minor in the jurisdiction in which you reside
• You will not access the Services through automated or non-human means
• You will not use the Services for any illegal or unauthorized purpose
• Your use of the Services will not violate any applicable law or regulation

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Purchases and Payment

We accept the following forms of payment:

• Visa, Mastercard, American Express, Discover
• PayPal, Apple Pay, Google Pay
• Maestro, Diners Club, JCB, Union Pay, Mada, iDEAL

You agree to provide current, complete, and accurate purchase and account information for all purchases. We may change prices at any time. All payments shall be in US dollars.

6. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each charge, until you cancel.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have questions, email us at [email protected].

Fee changes

We may change subscription fees from time to time and will communicate any price changes in accordance with applicable law.

7. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user, you agree not to:

• Systematically retrieve data to create a collection, database, or directory without written permission
• Trick, defraud, or mislead us and other users
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm us and/or the Services
• Use any information from the Services to harass, abuse, or harm another person
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other malicious material
• Engage in unauthorized framing of or linking to the Services
• Attempt to impersonate another user or person
• Interfere with, disrupt, or create an undue burden on the Services
• Attempt to bypass any security measures of the Services
• Copy or adapt the Services' software without permission
• Use automated systems to access the Services beyond standard usage
• Use the Services as part of any effort to compete with us
• Upload or share content that violates copyright, intellectual property laws, or the rights of third parties

9. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, display, transmit, or publish content and materials ("Contributions"). Contributions may be viewable by other users. When you make any Contributions, you represent and warrant that:

• Your Contributions do not infringe any third party's intellectual property rights
• You are the creator and owner of, or have necessary rights to, your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, spam, or other forms of solicitation
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party

10. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy.

By submitting suggestions or other feedback, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights.

11. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers ("Third-Party Accounts"). By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content you have provided and stored in your Third-Party Account.

Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers.

12. Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms
• Take appropriate legal action against anyone who violates these Legal Terms
• Refuse, restrict access to, limit the availability of, or disable any of your Contributions
• Remove from the Services or disable all files and content that are excessive in size or burdensome to our systems
• Otherwise manage the Services in a manner designed to protect our rights and property

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

14. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant. We may terminate your use or participation in the Services or delete your account at any time, without warning, at our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under any name without our express written permission.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems requiring maintenance that result in interruptions, delays, or errors.

16. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of New Mexico, without regard to its conflict of law principles. Subject to the arbitration requirements below, Crowbly LLC and you agree that any court proceeding related to these Legal Terms shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and each party consents to that jurisdiction and venue.

17. Dispute Resolution

Informal negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding arbitration

Any dispute arising out of or in connection with these Legal Terms shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable commercial arbitration rules. The seat of arbitration shall be Albuquerque, New Mexico, USA, and the language of the proceedings shall be English.

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

20. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party, including intellectual property rights.

22. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing performance of the Services, as well as data relating to your use. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

23. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing.

24. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

26. AI Accuracy

The AI-powered features provided by our Services are offered on an "as is" basis. While we strive to provide accurate and high-quality results, AI may not always produce optimal suggestions or outputs. Crowbly shall not be held liable for the quality or accuracy of AI-generated results. Users are encouraged to review and validate any outputs produced by the platform before acting on them.

27. User Responsibility for Content

Users are solely responsible for ensuring the quality, format, and content of any files, data, or materials they upload or submit to the Services. Poor quality or incompatible submissions may result in unsatisfactory results, for which Crowbly will not be liable.

28. Limitation of Compensation

In all cases, any compensation offered by Crowbly shall not exceed the equivalent value of the subscription fees paid by the affected user in the month the issue occurred. Such accommodations are not guaranteed and are provided on a case-by-case basis at our sole discretion.

29. Compliance and Development Status

Some of our Services may be in beta or active development. While we do our best to conform to applicable data protection laws and best practices, there might be cases where certain measures are still being implemented. We will improve our practices as the Services develop and these Legal Terms will be updated from time to time to reflect changes in the law.

30. Contact Us

In order to resolve a complaint regarding the Services or to receive further information, please contact us at:

Crowbly LLC
1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, USA
[email protected]