CROWDPAD TERMS OF SERVICE
Welcome to CrowdPad! These Terms of Service (“Terms”) are provided by CrowdPad, Inc. and our affiliates (referred to as “we”, “us”, “our” and “ CrowdPad”) and govern your use of CrowdPad.io (“Site”) and the CrowdPad Platform (as defined below), mobile application (“App”) and associated products and services (collectively, our “Services”). Throughout these Terms, we will refer to you as “you”, “your” and “User”. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. Account Registration and Eligibility:
1.1. In order to access the Platform, you must create an account and provide accurate and complete registration information.
1.2. You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Platform.
1.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Subscription and Payment:
2.1. The Platform offers subscription plans with varying features and pricing. You agree to pay the applicable subscription fees as specified on the Platform.
2.2. All fees are non-refundable once paid, unless otherwise stated.
2.3. We may change the subscription fees or features at any time, but such changes will not affect active subscriptions until the next billing cycle.
3. Use of the Platform:
3.1. The Platform allows brands to discover influencers/creators based on filters and access analytics of influencers across social media platforms.
3.2. You agree to use the Platform solely for its intended purposes and in compliance with these Terms and applicable laws and regulations.
3.3. You are solely responsible for the content you access, share, or promote through the Platform.
4. Intellectual Property:
4.1. The Services contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (collectively, “CrowdPad Content”). This CrowdPad Content is subject to copyrights owned by CrowdPad, its affiliates, and/or its licensors or by Creators or Brands, and is protected by United States and international intellectual property laws. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the CrowdPad Content of the Services or any portion of such CrowdPad Content except as expressly provided herein. Any use of the CrowdPad Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. or international copyright, trademark, and/or other laws.
4.2. CrowdPad and its associated logos are trademarks or service marks of CrowdPad (collectively the “CrowdPad Trademarks”). Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the CrowdPad Trademarks displayed on the Services without prior written permission in each instance. All goodwill generated from the use of the CrowdPad Trademarks will inure to the exclusive benefit of CrowdPad.
6. Cancellation or Termination:
6.1. You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
6.2. We may, at our sole discretion, suspend, terminate, or restrict your access to the Platform, with or without notice, for any reason, including but not limited to a violation of these Terms or applicable laws.
6.3. Upon termination, your right to access and use the Platform will cease, and you must immediately cease all use of the Platform. All terminations are at the sole discretion of CrowdPad, and you agree that CrowdPadshall not be liable to you or any third party as a result of termination.
6.4. There will be no refunds for partial use of Service,upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond CrowdPad control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. CrowdPad does not accept any liability for such loss. CrowdPad reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on monthly basis. CrowdPad may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
7. Disclaimer of Warranties & Limitations of Liability:
7.1. UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ANY ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the App and the Services will meet your requirements, (b) operation of the App and the Services will be uninterrupted or be virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7.2. YOU AGREE THAT IN NO EVENT WILL CROWDPAD AND OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES (COLLECTIVELY, THE “ CROWDPAD PARTIES”) BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE CROWDPAD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, PRODUCTS AND SERVICES.
7.3. The disclaimer of liability detailed above will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
8.1. You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, or expenses arising out of or in connection with your use of the Platform or any violation of these Terms.
9. Governing Law and Jurisdiction:
9.1. These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of Delaware or any other state, and are binding upon the parties hereto in the United States and worldwide. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
10. Dispute Resolution:
10.1. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate Disputes with CrowdPad and limits the manner in which you can seek relief therefrom. This Arbitration Agreement survives termination or expiration of these Terms.
10.2. Except as set forth herein, you agree that any and all past, present or future disputes or claims, including without limitation (a) federal and state regulatory and statutory claims, (b) common law claims, (c) claims under local ordinances, (d) data breach or privacy claims and (e) claims based in contract, tort, intentional tort, fraud, misrepresentation or any other legal theory, arising out of or relating to the Terms, Services, Digital Assets, purchases or payments you make, transactions you engage in, collection of amounts due, or the relationship between you and CrowdPad and any of their agents, employees, officers, directors, predecessors in interest, and successors and assigns (collectively, “Dispute(s)”) – at the election of you or us – shall be resolved exclusively through final and binding arbitration, as set forth in this Arbitration Agreement, rather than in court before a judge or a jury.
10.3. Pre-Arbitration Dispute Resolution. We are always interested in resolving Disputes amicably and efficiently, and most customer concerns can be resolved. Before submitting a claim for arbitration in accordance with this provision, you and we agree to try, for 60 days, to resolve any Dispute informally. Any party wishing to bring a claim agrees to provide a notice of the Dispute to the other party, which shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and the relief requested. The notice shall be an individualized claim specific to the individual bringing the claim. Any notice to CrowdPad shall be sent to: CrowdPad, Inc., 251 Little Falls Drive, Wilmington, Delaware 19808 (“Notice Address”). Any notice sent to you will be sent to the most recent email address or other address that CrowdPad has in its records for you. To minimize the cost and inconvenience to all parties, and to promote prompt resolution of Disputes, you and we agree that engaging in this initial dispute resolution process is a material term of these Terms and a requirement that must be fulfilled before commencing any arbitration. You and we agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section.
10.4. Exceptions. If either party contends that the amount of a claim in a Dispute is within the jurisdiction of the small claims court (or an equivalent court), it may instruct the administrator to administratively close the arbitration case, prior to payment of fees, and direct that the claim be filed, if at all, in small claims court. Upon such a request by a party, the arbitration provider shall administratively close the arbitration proceeding. Any dispute about whether a claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the small claims court lacks jurisdiction over the action. Only in the event that the small claims court determines that it lacks jurisdiction over the Dispute may the arbitration provider reopen the arbitration case. You and we acknowledge that failure to comply with the provisions of this Section would irreparably harm the party requesting administrative closure of the arbitration proceeding, and you and CrowdPad agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this Section are resolved by the court. You and we do not have to arbitrate a small claim that is filed in small claims court, but if that claim is transferred, removed, or appealed to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring any counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, you or we can elect to have the entire claim (including the counterclaim or cross-claim) resolved by arbitration.
10.5. Agreement to Arbitrate. After the pre-arbitration dispute resolution process, you agree that any and all remaining Disputes shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that (a) you may assert individual claims in small claims court within the scope of its jurisdiction, if your claims qualify and (b) you or we may seek equitable relief in court for infringement or other misuse of Intellectual Property Rights . Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class or mass action, except as noted below. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
10.6. Arbitration Procedures. You agree that any Dispute will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If the Dispute involves less than $50,000, either party can invoke the Expedited Procedures in the JAMS Rules. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and threshold arbitrability of this Arbitration Agreement or the Dispute. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The arbitration shall be held in a major city location reasonably convenient to where you reside and where JAMS has an office, or at another mutually agreed upon location. Attendance at an in-person hearing may be made by telephone by you and/or the other party, unless the arbitrator requires otherwise.
10.7. MASS ACTION WAIVER: The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or CrowdPad are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or CrowdPad’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in these Terms or this Arbitration Agreement, this Mass Action Waiver does not prevent you or CrowdPad from participating in a mass settlement of claims. Notwithstanding any provision to the contrary in the applicable arbitration provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) CrowdPad shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. CrowdPad may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this section only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver.
10.8. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules.
10.9. ARBITRATION OPT-OUT: YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT SUPPORT@CROWDPAD.IO WITHIN 30 DAYS OF FIRST ACCEPTING THE THESE TERMS OR USE OF THE SERVICES, WHICHEVER COMES FIRST, AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THESE TERMS. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL. IF YOU OPT-OUT OF THIS ARBITRATION AGREEMENT, WE WILL ALSO NOT BE BOUND BY ARBITRATION.
10.10. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, MASS ACTION OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S); EXCEPT THAT YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
10.11. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
10.12. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the section above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply. If a court or the arbitrator decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and the Terms shall be enforceable as so modified.
10.13. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
11. Modifications to the Platform and Terms:
11.1. Our Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the App and Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Services.
11.2. You understand and agree that we may change or discontinue the Services, or change or remove functionality of the Services, any time at our sole discretion. If you do not agree to such changes, your sole remedy is to cease use of the Services.
12.1. By using the Platform, you consent to receive communications from us, including but not limited to account-related notices, updates, and promotional materials. You can opt-out of promotional communications at any time by following the instructions provided in the communication.
13. Third-Party Links and Services:
13.1. The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of third parties. You access such third-party services at your own risk.
14. Compliance with Laws:
14.1. You agree to comply with all applicable laws, regulations, and industry standards while using the Platform. You are solely responsible for ensuring that your use of the Platform complies with all applicable laws in your jurisdiction.
15.1. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provision shall be replaced by a valid provision that achieves the original intent as closely as possible.
16. Entire Agreement:
17.1. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us to be legally binding.
18.1. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction or notification.
19. Force Majeure:
19.1. If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party`s performance will be extended for the period of delay or inability to perform due to such occurrence.
20. Contact Us:
20.1. If you have any questions, concerns, or feedback regarding these Terms or the Platform, please contact us at firstname.lastname@example.org.
21. Please read these Terms carefully before using the CrowdPad Subscription Platform. By using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.