Terms of Service
Last Updated on 30th June, 2019
CrudCrud (“CrudCrud”, “we”, “us”, “our”) provides its services (described below) to you (“Developer”) through this website (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
The Service is designed to provide developers with a backend infrastructure for creating simple mobile, browser-based and desktop applications (each an “Application”).
CrudCrud reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CrudCrud will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that CrudCrud may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on CrudCrud’s servers on your behalf. You agree that CrudCrud has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that CrudCrud reserves the right to terminate accounts and application(s) that are inactive for a period of time not less than 1 (one) week. You further acknowledge that CrudCrud reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that although CrudCrud makes every possible effort, there are absolutely no guarantees for the QoS (quality of service) such service uptime and API response time.
There is no guaranteed response for support without a support contract.
Conditions of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by CrudCrud. CrudCrud reserves the right to investigate and take appropriate legal action against anyone who, in CrudCrud's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- create an application or upload or email any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of CrudCrud, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose CrudCrud or its users to any harm or liability of any type; or
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- create more than one application in the Free plan with the same pattern of the API usage. This restriction does not apply if your applications are on a paid plan; or
- violate any applicable local, state, national or international law, or any regulations having the force of law; or
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- use machine-generated user identities; or
- solicit personal information from anyone under the age of 18; or
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
- process data which contains personal identifiable information; or
- process data which does not belong to you or don't have consent to process.
To the extent the Service or any portion thereof is made available for any fee, you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant to CrudCrud that such information is true and that you are authorized to use the payment instrument. You agree to pay CrudCrud the amount that is specified for the product/service being purchased in accordance with the terms of the product/service and this TOS.
Intellectual Property Rights
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CrudCrud, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of CrudCrud, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CrudCrud. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CrudCrud. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CrudCrud trademarks displayed on the Service, without our prior written permission in each instance.
Under no circumstances will CrudCrud be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that CrudCrud does not pre-screen content, but that CrudCrud and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, CrudCrud and its designees will have the right to remove any content that violates these Terms of Service or is deemed by CrudCrud, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You are solely responsible for the code, Applications, content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). CrudCrud makes no claim of ownership or control over your User Content. You acknowledge that you are solely responsible for securing and backing up your User Content. Further, you will not upload any code or content that you did not create or that you do not own, have sufficient rights to, or have all right, title and interest in and to, including, without limitation, all copyright contained therein. By uploading any User Content you hereby grant and will grant CrudCrud and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed. Further, by creating an Application through use of the Service, you grant and will grant CrudCrud and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling CrudCrud to provide you with the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to CrudCrud are non-confidential and CrudCrud will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.You acknowledge and agree that CrudCrud may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CrudCrud, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CrudCrud respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify CrudCrud of your infringement claim.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. CrudCrud has no control over such sites and resources and CrudCrud is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that CrudCrud will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that CrudCrud is not liable for any loss or claim that you may have against any such third party.
Indemnification; Limitation of Liability
Developer shall indemnify, protect, defend (at the Developer’s exclusive option and direction) and hold harmless CrudCrud, its officers, employees, servants, agents, distributors, resellers, partners, successors and assigns, from and against all claims, liabilities, losses, judgments, actions, administrative proceedings, costs, penalties, fines, damages and expenses (including, but not limited to, attorneys’ fees, consultants’ fees, court costs and any other expenses) (collectively the “Claims”), including, without limitation, claims for any type of monetary or economic damages (of any kind or nature), bodily injury, harm, sickness, disease and death, claims based on strict liability and claims for property loss or any other damage, to the extent arising from the proven: (i) negligence, acts or omissions of Developer, its employees, contractors, subcontractors, servants or agents related to, or arising from, these Terms of Service; (ii) misuse of the Service by the Developer, its employees, contractors, subcontractors, servants or agents; (iii) failure of the Developer, its employees, contractors, subcontractors, servants or agents, to comply with the applicable laws and regulations regarding or relating to the use of the Service; or (iv) breach by the Developer, its employees, contractors, subcontractors, servants or agents of the terms and conditions of this Agreement or any exhibit hereto or other agreement contemplated herein or any representation or warranty contained in these Terms of Service or any exhibit hereto or other agreement contemplated herein.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRUDCRUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.CRUDCRUD MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRUDCRUD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRUDCRUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CRUDCRUD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CRUDCRUD IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that CrudCrud, in its sole discretion, may suspend or terminate your account and/or application(s) (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if CrudCrud believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. CrudCrud may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that CrudCrud may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, except that, if you have made all payments owed to CrudCrud (if any) and CrudCrud terminates your account without cause, or if you terminate your account for convenience in accordance with this TOS, then CrudCrud will, upon your written request, provide a file of your User Content (in applicable format) existing on the Service as of the date of such termination of your account, for a period of seven (7) days following notice of termination. After such seven (7) day period, CrudCrud may permanently delete your User Content on the Service. Further, you agree that CrudCrud will not be liable to you or any third-party for any termination of your access to the Service.