Terms-and-Conditions
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY INSTALLING, ACCESSING, OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING CRAFT’S PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Definitions and Acceptance of Terms
Definitions:
“Company” or “We” refers to Craft.
“Service” refers to Craft’s software platform for use within the trades industry.
“User,” “You,” or “Your” refers to individuals or entities accessing or using the Service.
“Account” refers to a registered user's access credentials for the Service.
Acceptance of Terms:
By using the Service, You accept these Terms and agree to comply with all applicable laws and regulations. Craft reserves the right to amend these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.
2. Acknowledgment
These Terms govern Your use of Craft’s Service and establish the agreement between You and Craft. Access to the Service is conditioned upon Your acceptance of these Terms, as well as Craft’s Privacy Policy, which details how we collect, use, and disclose Your personal information. Please review these policies carefully.
3. Data Security and Privacy
Craft employs industry-standard security measures to protect Your data.
3.1 Data Protection:
Craft implements physical, administrative, and technical safeguards to prevent unauthorized access, use, or disclosure of Your content.
3.2 Notification of Unauthorized Access:
Craft will notify You promptly of any unauthorized access to Your content.
3.3 Permitted Use of Content:
Craft will access or process Your content only as necessary to provide services, comply with legal obligations, or as directed by You.
4. Customer Responsibilities
4.1 Compliance with Laws
Customer is responsible for ensuring that its use and that of its Users complies with this Agreement and all applicable local, state, federal, and international laws and regulations. Customer warrants that (a) it holds all necessary rights in any content it uploads or transmits via the Service (“Customer Content”) to allow Craft to process and display such content; and (b) the Customer Content and Craft’s processing of it as contemplated by this Agreement will not violate any laws or infringe on any third-party rights, including intellectual property and privacy rights.
4.2 Prohibited Content and Use
Customer will not, and will ensure its Users do not, use the Service for any purpose that: (i) is unlawful, defamatory, obscene, incites hate, terrorism, or similar offense; (ii) infringes intellectual property or privacy rights of any third party; (iii) violates any laws, treaties, or regulations; or (iv) encourages any third party to engage in prohibited activities.
4.3 Restricted Actions
Customer agrees not to, and will ensure its Users do not: (i) use the Service for non-business or abusive purposes; (ii) resell, sublicense, or transfer Customer’s rights under this Agreement to any third party without Craft’s written consent; (iii) modify or remove Craft’s branding from the Service; (iv) make the Service or Customer Content available to anyone outside of Customer’s authorized employees and contractors; (v) restrict or inhibit other users’ access or use of the Service; (vi) access or attempt to access Craft’s systems or data outside of the authorized Service; or (vii) attempt to reverse engineer or extract source code or technical processes from the Service.
4.4 Competitive Access Restriction
Customer may not access or use the Service if it is a direct competitor of Craft or for monitoring the Service’s performance, benchmarking, or any other competitive analysis.
5. Fees, Payment, and Renewal
5.1 Subscription Fees
Craft’s Service is provided on a subscription basis. All fees are specified in the Order Form and are due according to the payment terms therein. Payments are non-refundable except as expressly outlined in this Agreement.
5.2 Taxes
You are responsible for any taxes related to your use of the Service, excluding taxes based on Craft’s income.
5.3 Automatic Renewal
Subscriptions will renew automatically unless you provide written notice of cancellation at least 30 days prior to the renewal date. Renewal fees are due upon the renewal date and are based on the then-current pricing.
6. Intellectual Property Rights
6.1 Craft’s Proprietary Rights
All components of the Service, including content, software, and trademarks, are the property of Craft or its licensors. Except for Customer Content, all rights in the Service are reserved to Craft. You are granted only a limited, non-transferable license to access and use the Service as provided in these Terms.
6.2 Customer Content
You retain ownership of content, recordings, and data You upload or transmit through the Service (“Customer Content”). By using the Service, You grant Craft a non-exclusive, royalty-free license to process and display Your content as needed to provide the Service.
6.3 Aggregated and Anonymized Data
Craft may aggregate and anonymize data from Your use of the Service, including recordings, for internal purposes like improving functionality, features, and analysis. Aggregated data will not contain identifiable information.
6.4 Feedback
If You provide feedback on the Service, You grant Craft a royalty-free license to use, modify, and incorporate it without obligation. Feedback may be used to enhance Craft’s Service.
7. Confidentiality
7.1 Definition
Confidential information includes all non-public information disclosed by one party to the other, excluding information that becomes publicly known through no breach by the receiving party.
7.2 Obligations
Each party agrees to protect the other’s confidential information with reasonable care, to use it only for purposes outlined in this Agreement, and to limit access to those with a need to know.
8. Warranties and Disclaimers
8.1 Mutual Warranties
Each party warrants it has the right to enter into this Agreement.
8.2 Craft’s Warranties
Craft warrants that it will deliver the Service in a professional and workmanlike manner and that, to Craft’s knowledge, the Service does not infringe upon any third-party rights.
8.3 Disclaimer of Warranties
Except as expressly stated, the Service is provided “as is.” Craft disclaims all implied warranties, including merchantability and fitness for a particular purpose. Craft makes no warranties regarding uninterrupted or error-free operation of the Service.
9. Limitation of Liability
9.1 Limitation of Liability
Craft’s total liability for any claims related to this Agreement will not exceed the fees paid by you in the 12 months preceding the claim. Craft is not liable for indirect, incidental, or consequential damages.
9.2 Exclusion of Consequential Damages
Under no circumstances will a party be liable for indirect or consequential damages, including loss of profits.
10. Indemnification
You agree to indemnify and hold harmless Craft and its affiliates from any claims arising from your use of our Service, including violations of this Agreement.
11. Term and Termination
Customers may terminate their agreement with Craft only upon the expiration of their contract term, as specified in the terms of their subscription or service agreement. Craft reserves the right to terminate the provision of services to a Customer in the event of a material breach of the terms and conditions outlined in the agreement. Craft will provide written notice of the breach and a reasonable opportunity to cure the breach, where applicable, before taking termination action. Craft will continue to service the product for Customers who have an active, unexpired contract with us, unless otherwise specified in the agreement. Unless terminated in accordance with the terms of this agreement, Craft is committed to delivering the agreed-upon services throughout the duration of the contract term.
Upon termination, You will cease all use of the Service. At your request, Craft will make your content available for download within 30 days, after which it may delete stored content.
12. Arbitration Clause
Both parties agree to resolve disputes through binding arbitration, conducted by the American Arbitration Association (AAA) in New York, New York, under its Consumer-Related Disputes rules. Each party waives its right to a jury trial or class action. The arbitrator’s decision is final and binding.
13. Governing Law and Dispute Resolution
This Agreement is governed by the laws of New York, U.S.A., without regard to conflict of laws principles. Both parties consent to exclusive jurisdiction in New York, New York, for any disputes arising under this Agreement.
14. Force Majeure
Neither party will be liable for any failure or delay in performance due to circumstances beyond its control, including natural disasters, war, pandemics, or government actions.
15. Amendments
Craft may modify this Agreement. Material changes will be communicated to you, and continued use of the Service after changes constitutes acceptance
Contact Information
For any questions or concerns regarding this Agreement, please contact us at support@craftflow.com.