Effective Date - 25th May 2018
These Terms of Service govern your use of the CreditCruncher.io platform and all services connected to the CreditCruncher.io platform.
This Terms of Service document is an agreement you must accept in order to use CreditCruncher’s Services. This is a legal agreement ("Agreement") between You and CreditCruncher Ltd. ("Company"), for use of the CreditCruncher.io services, which You selected or initiated. "You" refers to the individual who registered and/or provided in the CreditCruncher.io website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorised to purchase the Services on behalf of such entity, then "You" refers to such entity.
If you are entering into this TOS agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these TOS In that case, the terms or shall also refer to such entity, its staff and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and CreditCruncher, even though it is electronic and is not physically signed by you and CreditCruncher, and it governs your use of the Service.
Please read these Terms carefully before using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
CreditCruncher reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application.
Violation of any of the terms of service may result in the termination of your account.
“Confidential Information” includes all information exchanged between the parties under these Terms, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party, or other information that is anonymised and/or amalgamated.
“CreditCruncher” means CreditCruncher Limited, a private company registered in Ireland with registration number 600229 and any future subsidiaries of CreditCruncher Limited.
“Customer Data” means any data of any type that is submitted to the Services by or on behalf of the Customer, including without limitation data submitted, uploaded or imported to the Services by Customer (including from Third Party Platforms).
“Data” means any data inputted by you or with your authority into the Website or into the electronic accounting system that you integrate with the Service at any time.
“Documentation” means the user documentation provided with the services.
“Intellectual Property Right” means all those intangible things that can be owned and controlled notwithstanding the fact that they are not physical. This includes things like copyright, trademarks, domain names, database right and a host of other Intellectual Property Rights, wherever they might take effect in the world. It covers all such Intellectual Property Rights, whether they are registered or not, and whether they exist now or come into existence some time later.
“Service Fee” means the monthly subscription fee payable by you in accordance with the fee schedule set out on the website. CreditCruncher may change this from time to time on notice to you.
“Services” means CreditCruncher’s proprietary software-as-a-service solution and commercial services that we offer as described on our website.
“Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the Subscriber. “Your” has a corresponding meaning.
1. Provision of Services
CreditCruncher’s services are provided on a subscription basis for a set term as designated on the Order Form.
2. Trial Subscriptions
If the Customer receives free access or a trial or evaluation subscription to the Service (a "Trial Subscription"), then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of thirty (30) days or such other period granted by CreditCruncher (the "Trial Period").
Trial Subscriptions are permitted solely for Customer's use to determine whether to purchase a paid subscription to the Services.
Trial Subscriptions may not include all functionality and features accessible as part of a paid Subscription Term.
If Customer does not enter into a paid Subscription Term, this Agreement and Customer's right to access and use the Services will terminate at the end of the Trial Period.
CreditCruncher has the right to terminate a Trial Subscription at any time for any reason.
The Customer must only use the Service for your own lawful internal business purposes, in accordance with these Terms and any notice sent by us or condition posted on the Website. The Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to CreditCruncher that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in this Agreement.
2. Conditions of Access
As a condition of these Terms, when accessing and using the Services, you agree to keep your access credentials (such as passwords or other information required to access the Service) secure and confidential. You must immediately notify CreditCruncher of any unauthorised use (or suspected unauthorised use) of your access credentials. You are responsible for all activity on your CreditCruncher account, and for all charges incurred by your CreditCruncher account. The access credentials are the property of CreditCruncher and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms.
Customers may access and use the Services solely for its own benefit and in accordance with the terms and conditions of this agreement, the documentation and any scope of use restrictions. The Customer will be responsible for any and all actions taken using the Customer’s account and passwords. If any subscriber who has access to a user ID is no longer an employee of the Customer, then the Customer will immediately delete such user ID and otherwise terminate such Subscribers user access to the Service.
Further, as a condition of using the Services, you must:
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If CreditCruncher provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
Each party undertakes to preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
Each party may disclose the other party's confidential information:
Each party’s obligations under this clause will survive termination of these Terms.
CreditCrunchers’ Application may contain technologies that monitor, record and report to CreditCruncher regarding the use of the Application including but not limited to information concerning the devices used to access the Application; and the frequency, type and manner of use of CreditCruncher (collectively, “Usage Data”). You agree that CreditCruncher may, in its sole discretion, collect and use Usage Data to support, maintain, and improve CreditCruncher, and to enforce CreditCruncher rights under the Terms.
Intellectual Property Rights in the Services, Website and any Documentation remain the property of CreditCruncher (or its licensors).
2. Data Ownership
Title to, and all Intellectual Property Rights in the Data remain your property. However, your access to the Data is contingent on full payment of the CreditCruncher Services Fee when due.
In addittion, you
1. Data Protection
You agree that you (a Subscriber) are the Controller and that we (CreditCruncher) are the Processor for the purposes of processing any Protected Data as part of the Service. You shall at all times comply with all Data Protection Legislation in connection with the processing of the Protected Data.
You agree to indemnify us against all losses, claims, damages, liabilities, fines, sanctions, interest, penalties, costs, charges, expenses, compensation paid to Data Subjects, demands and legal and other reasonable professional costs arising out of or in connection with any breach by you of your obligations under this clause.
In accordance with the Data Protection Laws, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of the Protected Data to be carried out in accordance with the Services, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons and the risks that are presented by the processing, especially from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Protected Data transmitted, stored or otherwise processed, we have implemented appropriate technical and organisational security measures appropriate to the risk.
We agree to assist you, insofar as this is possible, in responding to any requests from a Data Subject exercising their rights under the GDPR (and any similar obligations under applicable Data Protection Laws) in respect of any Protected Data.
We shall notify you without undue delay and in writing on becoming aware of any Personal Data Breach in respect of any Protected Data.
Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if:
Either party may terminate these Terms at any time by giving 30 days' written notice to the other party.
In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting CreditCruncher.
If you still need technical help, please check the support provided online by CreditCruncher on the Website or failing that email us at firstname.lastname@example.org.
In the case that any technical problems appear to be as a result of a fault or error on the Website, you will use reasonable endeavours to notify CreditCruncher as soon as possible by either emailing us at email@example.com or using any other technical support notification portal made available on the Website.
Whilst CreditCruncher intends that the Services should be available 24 hours a day, 7 days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason CreditCruncher has to interrupt the Services for longer periods than CreditCruncher would normally expect, CreditCruncher will use reasonable endeavours to publish in advance details of such activity on the Website.
Customer will indemnify, defend and hold harmless CreditCruncher from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with any claim arising from or relating to any breach of these Terms, or any obligation you may have to CreditCruncher.
These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our Service and the Internet. ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("INDEMNIFIED PARTIES"), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR use OUR WEBSITE OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorised alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website's completeness or correctness is in question, please contact us at support@CreditCruncher.io with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.