This Terms of Service (“Agreement”) is a legal agreement between you (either as an individual or entity) and Cravety LLC (“Company”, “we”, “us”, or “our”), the provider of the ActionLogics software application (“Software”) and the customer (“Customer”) of the Company on whose behalf the service is provided.
1. Scope of Services
The Software delivers content (including text, imagery, SMS, emails, in-app notifications) on behalf of our Customers. We reserve the right to enhance, upgrade, and make changes to the Software at any time, provided that it does not result in a material reduction in the quality or functionality of the Software.
2. Intellectual Property
All rights, title, and interest in and to the Software, including all intellectual property rights therein, belong to and are retained solely by the Company. You acknowledge that you neither own nor acquire any rights in and to the Software not expressly granted by this Agreement.
All rights, title, and interest in and to the content, including all intellectual property rights therein, belong to and are retained solely by the respective Terms of Service of the customer providing the content.
3. Rights and Obligations
You are responsible for all activity occurring under your User accounts and shall comply with all applicable laws and regulations in connection with your use of the Software, including but not limited to those related to data privacy, international communications, and the transmission of technical or personal data.
4. Dispute Resolution
In the event of a dispute arising out of or in relation to this Agreement, the parties will first seek resolution by negotiation. If the dispute cannot be resolved through negotiation, the dispute will be resolved in the jurisdiction of Maryland.
5. Warranties and Liabilities
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. Data Protection and Security
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Software from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Software using your account.
8. Content and Royalties
All content provided by the Customer and any associated royalties, fees, or other payments related to such content, are governed by the respective Terms of Service of the Customer. By using our Software, you acknowledge and agree that the Company is not responsible for the content, nor any royalties, fees, or payments associated with such content.
9. Changes to Terms of Service
We reserve the right to modify this Agreement at any time. We will make such changes available on our website or through the Software. Your continued use of the Software after such changes have been made constitutes your acceptance of the changes.
Terms of Service is effective from 6/19/22.