Terms of Service

1. Agreement to Be Bound

These Terms of Use (these **“Terms”**), as amended from time to time, govern users’ (**“you”** or **“your”**) access to and use of the Craftt application (the **“Application”**), craftt.com and it's subdomains (the **“Website”**) and the online products or services to which you have access therein, as well any Account (defined below) you use to access the Website or Application (collectively, the **"Service"**) that are offered by Craft Technology Services Corp. (**"Craftt"**, **"Craftt.com"**, **“we”**, **“our”** or **"us"**).

2. Privacy Policy

Use of the Service is also governed by our [Privacy Policy](http://craftt.com/legal/privacy_policy.html) which is incorporated herein by reference. Our [Privacy Policy](http://craftt.com/legal/privacy_policy.html) contains important information about how we collect, store and use your personal data and we encourage you to read the [Privacy Policy](http://craftt.com/legal/privacy_policy.html) carefully.

3. Description of Service

The Service is an innovative internet and application based service that tracks your assets and uses the transactional data associated with asset tracking to provide actionable reports and notifications. Technical support for the Service is only available via email in English.

4. Rights & Grant of License

We (and our licensors) own all legal right, title and interest (including all copyright and other intellectual property rights) in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on our servers and all materials displayed or performed on or in the Service, including, but not limited to, text, graphics, articles, photographs, images, illustrations, and the look and feel of the Service (collectively, the "Content").

Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicenceable and revocable limited licence to the Content to access and use the Service.

You may not duplicate, copy, or reuse any portion of the application code, the website HTML/CSS, Javascript, or visual design elements or concepts of the Service without express written permission from Craftt.

You shall use the Service only in compliance all applicable laws (including but not limited to laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity and defamation).

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, web servers and web services (collectively, the "Equipment"). You shall be responsible for ensuring that such Equipment and services are compatible with the Service and complies with all configurations and specifications set forth in our published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, ancillary services, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account, the Services or the Equipment with or without your knowledge or consent.

You shall not:

  1. modify, adapt, or hack the Service or modify another application or website so as to falsely imply that it is associated with the Service, or Craftt;
  2. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Craftt;
  3. use your Account to transmit unauthorized communications, advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
  4. collect, harvest or post anyone’s private information, including personally identifiable information of any kind through the Service;
  5. use the Service in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  6. use the Service, intentionally or unintentionally, in violation of any applicable law or regulation;
  7. use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Service and related information for any commercial purpose or for public use;
  8. attempt to gain access to the Service or Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us and through your Account, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Service;
  9. interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms; or
  10. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by us.

5. Changes to the Service and Pricing

We may change, suspend or discontinue the Service, including the availability of any feature, database, or Content, at any time, by giving you advanced notice of such termination either (at our discretion) via email or posted on the Service. We also reserve the right to establish limits to the nature or size of storage available to you, the number of containers or events, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your content and other data, and impose other limitations at any time, with or without notice.

We may change our pricing for the Service, including monthly subscription plan fees for the Service, at any time, by giving you advanced notice of such changes either (at our discretion) via email or posted on the Service. App Store /Google Play pricing is subject to change at any time.

6. Account Information and Terms

You may be required to provide us with certain personal and non-personal information when you use the Service, or create or update an account on the Service (collectively, an **“Account”**). We may also collect certain personal and non-personal information about how you use the Service. All such personal and non-personal information (**“Personal Information”**) will be held and used in accordance with our privacy policy.

The following rules govern the security of the Services, Account and your Personal Information:

  1. You will not: share your Account information (including any login or password information relating to your Account); let anyone else access your Account; or do anything else that might jeopardize the security of your Account;
  2. You must provide accurate Personal Information and update it promptly if it changes;
  3. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Account, you must immediately notify us and modify your relevant login information;
  4. You are responsible for maintaining the accuracy, completeness, security and confidentiality of your Account, and you will be responsible for all activities that occur thereunder, including activities of others to whom you have provided access. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Login Info secure. If you discover any unauthorized use of your Account or Service or suspect that anyone may be able to access any of the above, you should immediately change your password(s) and notify our Customer Support team.

7. User Content and Feedback

At times, you may be given the opportunity to submit questions, comments or other information about the Service or otherwise to us (**“Feedback”**). You will and do hereby grant to us a fully paid-up, royalty free, perpetual, irrevocable, non-exclusive, worldwide, fully transferable and sub-licenseable license to use, enhance, develop, copy, modify and make derivative works of the Feedback and to make, use, sell, offer for sale and import any products or services based on the Feedback.

8. Fees, Billing and Renewal

Payments made under this Agreement exclude any taxes or duties payable in respect of the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay the amount of such taxes or duties in addition to the fees under this Agreement.

We reserve the right to suspend or terminate your access to the Service if your account becomes delinquent. Delinquent invoices are subject to interest charges of 12% per annum on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.

If you or Craftt initiates termination of this Agreement, you will be obligated to pay the balance due on account computed in accordance with this Section. You agree that we may charge such unpaid fees and charges to your credit card or otherwise bill you for such unpaid fees and charges. You agree and acknowledge that we have no obligation to retain your data and that such data may be irretrievably deleted if your account becomes delinquent.

v9. Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

10. Term and Termination of Service

The term of the Service begins on the date you create, download and connect an Account and continues until terminated as contemplated below.

We may immediately terminate your access to the Service (and/or any portion thereof) for violation of these Terms, for illegal or improper use of the Service, your content, Account or our intellectual property, as determined by us. In this event, we may alternatively issue you a warning, suspend your Account, or temporarily or permanently ban your device and/or machine from accessing all or a certain Service.

If we terminate your access to the Service, you may not participate in the Service again without our express permission. We reserve the right to refuse to keep an account for, or provide the Service to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account.

If your Account or any portion of your access to the Service is terminated, suspended or cancelled, your data and Personal Information will be deleted from our user registration database in approximately 90 days. This delay is necessary to discourage users from engaging in fraudulent activity. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request. This may be the case even though no account information remains in our active user databases.

If your Account, or any portion of your access to the Service is terminated or suspended, no refund will be granted, and you will have no further access to your Account or the particular Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at help@craftt.com.

11. Cancellation of Service

You have the right to cancel your Service at any time. If you do not agree to the Terms, your sole remedy is to stop using and cancel the Service.

You understand and agree that the cancellation of the Service is your sole right and remedy with respect to any dispute with us, including any dispute related to, or arising out of: (1) these Terms or our enforcement or application of these Terms; (2) the Service or any change thereto; (3) your ability to access and/or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Service.

Any delinquent or unpaid fees and other unresolved issues with Service must be settled before you establish a new Account or attempt to reinstate the Service.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY CONDITION OF DURABILITY, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER CRAFTT NOR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE **"PARTIES"**) WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SERVICE OR ITS SOFTWARE WILL BE CORRECTED.

13. Limitations; Waivers of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) 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, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE ; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE.

OUR MAXIMUM LIABILITY ARISING OUT OF OR IN THE CONNECTION WITH THESE TERMS AND ANY USE OF THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO CASE EXCEED THE GREATER OF (i) FEES PAID BY YOU FOR THE PREVIOUS 3 MONTHS, AND (ii) $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Release & Indemnification

You agree to indemnify, save, and hold the Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15. General Provisions

15.1 Updates to the Terms

We reserve the right to modify these Terms at any time. We may provide you with notice of such modifications, by sending you an e-mail message or posting a message on the Service. Your continued use of the Service will signify your acceptance of the modifications to the Terms.

15.2 Entire Agreement

These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including our [Privacy Policy](http://craftt.com/legal/privacy_policy.html)), contain the entire understanding of you and us with respect to the Service, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

15.3 Law and Forum for Legal Disputes

These Terms and any dispute arising out of or related to it or the Service will be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Victoria, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Victoria, British Columbia for the purpose of litigating all such claims or disputes.

15.4 Waiver and Severability

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any portion of these Terms or any other Craftt policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

15.5 Notices

We may notify you via postings on the Service and via e-mail or by any other communication means using the contact information you provide to us. All notices given by you or required from you under these Terms or our [Privacy Policy](http://craftt.com/legal/privacy_policy.html) shall be in writing and addressed to: attn.: Craftt Legal Department, hello@craftt.com. Any notices that you provide without compliance with this section 18.5 will have no legal effect.

15.6 Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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