Terms of Service

Last Updated: July 1, 2023

1. Introduction

Welcome to CREx Software. These Terms of Service ("Terms") govern your access to and use of the CREx Software platform, websites, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

Throughout these Terms, we use certain defined terms:

  • "Account" means a unique account created for you to access our Services.
  • "Content" means any information, data, text, software, graphics, and other materials that may be viewed or accessed through the Services.
  • "User" refers to the individual or entity that registers an Account with us and accesses or uses the Services.
  • "Subscription" refers to the purchase of a right to access and use the Services for a specified period.
  • "We," "us," and "our" refer to CREx Software.

3. Account Registration and Security

To use certain features of our Services, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for:

  • Maintaining the confidentiality of your Account credentials, including your username and password.
  • All activities that occur under your Account.
  • Notifying us immediately of any unauthorized use of your Account or any other breach of security.

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

4. Subscriptions and Payments

4.1 Subscription Plans

We offer various subscription plans for our Services. The features and limitations of each plan are described on our website or in your service agreement.

4.2 Fees and Payment

All fees are stated in U.S. dollars unless otherwise specified. You agree to pay all fees according to the payment terms of your subscription plan. Payments are non-refundable except as expressly provided in these Terms or as required by law.

4.3 Subscription Term and Renewal

Subscriptions automatically renew for the same subscription term unless you cancel your subscription before the renewal date. You may cancel your subscription at any time by contacting our support team.

4.4 Changes to Fees

We may change our fees and payment policies by notifying you at least 30 days before the change takes effect. If you do not agree to the changes, you must cancel your subscription before the changes take effect.

5. User Responsibilities and Restrictions

5.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
  • To impersonate any person or entity or misrepresent your affiliation with a person or entity.
  • To engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).
  • To attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

5.2 Data Usage and Storage

You are responsible for all data that you upload, store, or process using our Services. You represent and warrant that you have all necessary rights, licenses, and permissions to upload, store, and process such data using our Services.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the term of your subscription.

6.3 Your Content

You retain all rights to any content you submit, post, or display on or through the Services. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, process, and display your content solely for the purpose of providing the Services to you.

7. Termination

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination:

  • Your right to access and use the Services will immediately cease.
  • We may delete or archive your Account and content.
  • All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS.

9. Indemnification

You agree to indemnify, defend, and hold harmless CREx Software and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us regarding the Services.

12.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

13. Contact Us

If you have any questions about these Terms, please contact us at:

CREx Software
Legal Department
Email: contact@crexsoftware.com

Effective Date: July 1, 2023

Last Updated: July 1, 2023