Self-Service Terms of Service
Thanks for using CrowdFlower! Here’s a bunch of stuff that our lawyers made us tell you:
These terms (the “Agreement”) govern your access to and use of the CrowdFlower, Inc. (“we,” “us,” “our”) services that you select through our online registration and enrollment processes (the “Services”), so please read them carefully before using or accessing the Services. By registering or enrolling, as well as by accessing or using the Services in any way, you are agreeing to be bound by this Agreement. If you are using the Services on behalf of an organization, you are agreeing to this Agreement for that organization and promising that you have the authority to bind that organization to this Agreement. In that case, “you” and “your” will refer to that organization.
You may use the Services only if you are at least 18 years old (if you are an individual), have the power to form a binding contract with us, and are not barred under any applicable laws or other agreements from doing so.
You are responsible for maintaining the security of your account, your passwords, and any API keys or other authentication keys associated with your account. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
By using our Services you may provide us with information, materials, or other content (together, “Content”). You grant us all rights to your Content necessary so that we can perform the Services (and allow others to perform the Services on our behalf). You are solely responsible for your Content, and you promise that you have the right to use it and to provide it to us and our contractors to perform the Services. We may choose to (but aren’t obligated to) review your Content, and we may remove any Content from the Services or refuse to provide Services with respect to certain Content, if we believe, in our discretion, that such Content is unlawful or objectionable in any way. We are not responsible for storing any Content or any information or materials relating to the Content.
You will not use or access the Services (including the uploading of any Content) or the API (defined below) in any manner that (i) is illegal or violates the intellectual property rights or any other rights of any person or entity or (ii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program or (iii) interferes with the proper working of, or places an unreasonable load on, the Services’ infrastructure.
In order to receive the Services, you may be required to integrate your website, application, or platform (“your System”) with our Services, via our application programming interface available here, (together with all related information and documentation, our “API”). You promise that your System (and the connection of your System to our Services) doesn’t and won’t violate the rights of any third party. We grant you a limited, nonexclusive, nontransferable, revocable license to use the API, solely to access the Services. We may modify the API or cease support of old versions or releases of the API at any time.
This Agreement grants you certain rights to use our Services, but it doesn’t grant you any right, title, or interest in or to, the Services, the API, or our trademarks, logos, domain names, or other brand features, or any information or materials relating to any of those things, all of which remain ours.
This is important, so we put it in all caps to get your attention: THE SERVICES AND API ARE PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF AVAILABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or API. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
Here’s some more important stuff, so we’re shouting again: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO US FOR THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. Again, some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You will indemnify and hold us, our affiliates, officers, employees, agents, suppliers and licensors harmless from any third party claims, and related damages, settlements and expenses, arising out of your use of the Services, the API, or the subject matter of this Agreement.
Fees and Payment
You will pay us in accordance with the pricing and payment terms for the Services you selected during the enrollment process (other than those which we include for free under any of our promotions for which you qualify), as they may be changed from time to time as described under “Modifications” below (“Subscription”). We will charge the relevant Subscription fees to the credit card (or other payment method) you provided, so please make sure to keep that information current and accurate. There are no refunds, except described in “Termination” below. Your Subscription will automatically be renewed every month, except if you or we decide to cancel or terminate (again, see “Termination” below on how to do that). If you believe that we have charged you in error, you must contact us within 60 days of such charge. No refunds will be given for any charges that are more than 60 days old. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes levied on our net income.
We may revise this Agreement (as well as pricing and payment terms on our site) from time to time, by notifying you directly or by posting a new version to our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use the Services after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using the Services.
We may improve or modify the Services, without notice to you.
You can stop using our Services any time, but keep in mind we’ll only give you a refund as described in this section.
You can cancel your Subscription for any reason (without refund) by giving us 30 days prior written notice, but if your Subscription includes any monthly fees or monthly minimums and if the 30th day doesn’t occur at the end of a calendar month, you’ll still be responsible for paying for all Services fees through the end of that month. After this period has passed and all your Service fees have been paid we will refund to you any remaining balance in your account with us.
We reserve the right to terminate this Agreement and suspend or end the Services immediately, at any time, without notice or refund to you, if you are not complying with this Agreement, or if you use the Services in any way that we believe could cause us legal liability or disrupt others’ use of the Services.
We can also terminate this Agreement and your use of the Services for our convenience (that is, for no reason at all), with 60 days prior notice to you. If that’s the case, and if you’ve pre-paid any fees to us, we’ll refund a pro-rata portion of those pre-paid amounts, based on the remaining time or Services you’ve paid for, whichever is less.
As of termination, you won’t have any right to access or use the Services or the API, but the rest of the terms of this Agreement will continue to apply.
Miscellaneous Legal Terms
We aren’t legal partners with you, and nothing in this Agreement will be deemed to establish a joint venture, partnership, agency or employment relationship between us and you. Our failure to enforce any provision of this Agreement doesn’t waive our right to do so later on. If any provision of this Agreement is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement will be governed by and construed under the laws of the State of California, without regard to conflicts of law provisions thereof. For all purposes of this Agreement, you consent to exclusive jurisdiction and venue in the federal courts located in the Northern District of California. This Agreement doesn’t create any third party beneficiary rights. You can’t assign this Agreement to anyone else without our prior written consent, but we can assign it freely without your consent. This Agreement is the complete statement of the understanding between us and you, and supersedes and replaces any previous written and oral agreements and communications relating to this subject matter.