Terms & Conditions
Last updated: [April 2, 2025]
Welcome to CrowdWatch ("CrowdWatch," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of the CrowdWatch website, platform, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. Please read them carefully. If you do not agree with any part of these Terms, you must not use our Service.
1. Acceptance of Terms
By accessing or using the Service, you confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. You agree to comply with these Terms and all applicable local, state, national, and international laws and regulations. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Services Provided
CrowdWatch provides a platform offering [**Briefly describe what CrowdWatch does here - e.g., data analysis tools, community monitoring services, user engagement insights**]. The specific features and functionalities of the Service may evolve over time, and we reserve the right to modify, suspend, or discontinue any part of the Service with or without notice.
3. User Responsibilities
You are solely responsible for your use of the Service and any activity that occurs under your account. You agree to:
- Use the Service only for lawful purposes and in accordance with these Terms.
- Provide accurate, current, and complete information during registration and maintain the accuracy of such information.
- Ensure your use of the Service does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
- Comply with the terms of service of any third-party platforms accessed or utilized in connection with CrowdWatch, if applicable.
4. Account Security
You are responsible for maintaining the confidentiality of your account login credentials (username, password, API keys, etc.). You must notify us immediately at contact@exception.network of any unauthorized use of your account or any other breach of security. CrowdWatch will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.
5. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Service for any illegal purpose or in violation of any laws or regulations.
- Engaging in spamming, harassment, or transmitting any unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable material.
- Attempting to interfere with, disrupt, or compromise the integrity or security of the Service, its servers, or networks.
- Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any part of the Service.
- Using any automated system (robots, spiders, etc.) to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional web browser (except for standard search engine indexing).
- Circumventing any security features or exploiting vulnerabilities within the Service.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Overloading or attempting to overload our infrastructure.
6. Intellectual Property
All content, software, trademarks, logos, service marks, trade names, graphics, and other materials provided as part of the Service (collectively, the "CrowdWatch Content") are the exclusive property of CrowdWatch or its licensors. Except as explicitly permitted herein, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any CrowdWatch Content without our express prior written permission.
7. User-Generated Content
If the Service allows you to submit, post, or display content (such as comments, feedback, data, or configurations) ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant CrowdWatch a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, and improving the Service. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.
8. Data Collection & Privacy
Your privacy is important to us. We collect and process personal data in accordance with our Privacy Policy Privacy Policy**]. By using the Service, you consent to such collection and processing and warrant that all data provided by you is accurate. Please review our Privacy Policy to understand our practices.
9. Payment Terms
- Fees and Charges: Applicable fees for accessing and using the Service are outlined on our official Pricing Page or as specified in your individual Subscription Agreement or Order Form ("Agreement"). By subscribing to the Service, you agree to pay all applicable fees as they become due.
- Billing Cycle: Payments are due in advance for each billing period (e.g., monthly, annually) as specified in your chosen plan or Agreement. Your subscription will automatically renew at the end of each billing cycle unless cancelled by you prior to the renewal date in accordance with the Cancellation policy.
- Payment Method: You must provide a valid payment method (e.g., credit card) and authorize us (or our third-party payment processor) to charge this method for all applicable fees, including recurring subscription fees and any applicable taxes. You are responsible for keeping your payment information current and accurate.
- Late Payments: Failure to make timely payments constitutes a breach of these Terms. We reserve the right to suspend or terminate your access to the Service without notice if payment is overdue. We may also charge interest on overdue amounts at the maximum rate permitted by law, and you agree to reimburse us for any collection costs incurred.
- Price Changes: We reserve the right to modify our fees and charges or introduce new charges at any time. We will provide you with reasonable prior notice (e.g., at least 30 days) of any price changes affecting your subscription, typically via email or notification within the Service. Your continued use of the Service after the price change effective date constitutes your agreement to pay the modified amount.
- Taxes: All fees are exclusive of applicable federal, state, local, or other governmental taxes, levies, duties, or similar assessments (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder, except for taxes based on our net income.
- Non-Refundable: Except as expressly provided in our Refund Policy (Section 10 below) or as mandated by applicable law, all fees paid are non-refundable.
11. Third-Party Services
The Service may integrate with or rely on third-party services, APIs, or websites (e.g., data sources, authentication providers). Your use of such third-party services is subject to their respective terms and conditions and privacy policies. CrowdWatch does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such third-party services, including their content, practices, accuracy, availability, or reliability. Use them at your own risk.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CROWDWATCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROWDWATCH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF CROWDWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, CROWDWATCH'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CROWDWATCH FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
14. Indemnity
You agree to indemnify, defend, and hold harmless CrowdWatch, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to (a) your access to or use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
15. Termination
We reserve the right to suspend or terminate your access to the Service, in whole or in part, at our sole discretion, at any time, with or without notice, for any reason, including, but not limited to, your violation of these Terms or if we believe your conduct is harmful to CrowdWatch, other users, or third parties. You may terminate your account at any time by discontinuing use of the Service or contacting us. Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive termination.
16. Service Availability
We strive to keep the Service operational. However, planned maintenance, unforeseen technical issues, or external factors may result in temporary interruptions. We do not guarantee 100% uptime and are not liable for any damages resulting from service unavailability or interruptions.
17. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect (e.g., by posting on our website or sending an email to the address associated with your account). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in Israel, and you irrevocably consent to the jurisdiction and venue of such courts.
19. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly by contacting us at contact@exception.network. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if CrowdWatch has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.
You and CrowdWatch agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The arbitration shall take place in Israel. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND CROWDWATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CrowdWatch agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
20. GDPR Compliance (If applicable)
If you are a resident of the European Economic Area (EEA), United Kingdom, or Switzerland, you have certain data protection rights under the General Data Protection Regulation (GDPR) or applicable local laws. CrowdWatch is committed to complying with these regulations. Please refer to our Privacy Policy for detailed information on your rights (such as access, correction, deletion, objection) and how we process your personal data.
21. Force Majeure
CrowdWatch shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
22. Feedback and Suggestions
We welcome feedback, comments, and suggestions for improvements to the Service ("Feedback"). You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish Feedback for any purpose, without compensation to you. All Feedback is provided voluntarily.
23. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and CrowdWatch regarding the Service and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, both written and oral.
- Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be enforced to the maximum extent permissible.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CrowdWatch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without CrowdWatch's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. CrowdWatch may freely assign or transfer these Terms without restriction.
- Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
24. Contact Us
If you have any questions, concerns, or comments about these Terms & Conditions, please contact us at: contact@exception.network.