Crrowd Beta Participant Agreement

Last updated: September 6, 2019

By downloading, installing, or using the Crrowd Beta Mobile Application users agree unconditionally to the terms of this beta test agreement ("Agreement"). If you do not agree with these terms, do not download, install, or use this Crrowd Beta Application.

This Agreement is between you (entity or person, hereinafter referred to as "you" or "your") and Product Crrowd GmbH c/o Factory Works GmbH, Lohmühlenstraße 65, 12435 Berlin, Germany, District Court Berlin, HRB 206853 ("Vendor") for the Vendor product(s) available from the Vendor website www.crrowd.io, www.crrowd.com and www.crrowd.app, as well as the Google Play Store, which includes mobile app (collectively, the "Crrowd Beta" or “Crrowd App”).

Article 1       Age and Capacity; No Conflict of Interest

1.1 You represent and warrant that you are an individual user that is eighteen (18) years of age or older. If you are under 18 years of age, you may not participate in this beta test programme or download or use the Crrowd Beta.

1.2 You certify that (a) you are not an employee or affiliated with an organisation offering a competing product, (b) you are not involved in the testing, marketing, development or production of any competing product and (c) you are not affiliated with or acting for the benefit of anyone who is involved in such activities. If you have a conflict of interest, you may not participate in the beta test programme or download or use the Crrowd Beta.

Article 2       Beta Test License

Subject to the terms of this Agreement, Vendor grants you, during the test period (as defined below), a non-exclusive, limited license to use one copy of the Crrowd Beta app only as authorised in this Agreement. You may install such single copy on a mobile device under your control for your own personal use. Vendor authorises you to use and evaluate the Crrowd Beta under the terms and conditions of this Agreement solely for the purposes of providing information and feedback to Vendor.

Article 3       Test Period

3.1 You are licensed to use the Crrowd Beta during the Test Period. The "Test Period" will begin upon the installation of the Crrowd Beta and may be terminated at any time by either you or by Vendor, by providing email or written notification of such intent. In any case, the duration of the Test Period ends on the date when the Crrowd Beta is announced by Vendor as being commercially generally available, or upon termination of this Agreement, whichever comes first. Vendor may include license management functionality in the Crrowd Beta that disables it after the Test Period is completed.

Article 4       Registration and Personal Information

You may be required to provide to Vendor, as a condition to testing the Crrowd Beta, certain personally identifiable information ("Personal Information"). Vendor's retention and use of all Personal Information shall be subject to Vendor's privacy policy posted on www.crrowd.io/privacy , as that policy may be updated by Vendor in its discretion from time to time.

Article 5       Automated Reporting

The Crrowd App may be configured to periodically check your mobile device for, and report back to Vendor without additional notice to you, anonymous information relating to your use of the Crrowd App, such as the frequency of your use of the Crrowd Beta and/or certain of its features, your Crrowd Beta configuration settings and information on mobile device errors occurring during your use of the Crrowd Beta. Such configuration may include functionality that allows for the transmission of data about your mobile device to Vendor to enable Vendor to better understand why bugs may occur and to enable Vendor to improve the Crrowd App. The Crrowd Beta app may contain a specific identification number for the purpose of tracking the number of unique instances of such Crrowd App being used by you. This functionality may continue to operate after the termination of the beta period as long as the Crrowd Beta app remains installed on your device. It can be disabled by uninstalling the Crrowd Beta app.

Article 6       Ownership

You acknowledge and agree that the Crrowd App is a proprietary product of Vendor protected under German copyright laws, other applicable intellectual property laws, and international treaty provisions. The Crrowd App is owned by Vendor and/or its third-party contributors. Vendor retains all rights not expressly granted to you.

Article 7       User Generated Content

7.1 As a Crrowd account holder you may submit Content. You understand that whether or not Content is published, Vendor does not guarantee any confidentiality with respect to Content.

7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Vendor to publish and share your content.

7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Vendor does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Vendor expressly disclaims any and all liability in connection with Content.

7.4 You further understand and acknowledge that in using the Crrowd App, you may be exposed to Content that is factually inaccurate or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vendor with respect to any such Content.

Article 8       Feedback

8.1 ou agree to evaluate the Crrowd App. For this purpose, you agree to provide Vendor with reports, data, and suggestions ("Feedback") concerning the Crrowd App as Vendor may reasonably request.

8.2 You agree that all right, title and interest to any Feedback (and all relevant intellectual property rights) will become the exclusive property of Vendor, and Vendor may disclose or use Feedback for any purposes whatsoever, entirely without obligation of any kind to you.

Article 9     Publicity

You grant Vendor permission, to be exercised in Vendor's sole discretion, to use the facts, contents and outcome of the Beta Test, your comments, quotations in Vendor's promotions, press releases, public relations, advertisements, and other sales and marketing activities. Such use will be subject to your written permission for each use, not to be unreasonably refused. No compensation shall be required for Vendor's exercise of such right.

Article 10     Confidential Information

10.1       Definition of Confidential Information: All non-public information disclosed by Vendor will be referred to collectively in this Agreement as "Confidential Information". Such information will include, but not be limited to, the Crrowd Beta (including its documentation), marketing information, product test results and Feedback.

10.2       Ownership of Confidential Information: All Confidential Information and any derivative thereof will be the property of Vendor, and no license, intellectual property rights or other rights to Confidential Information will belong to you. You are licensed to use Confidential Information as reasonably required for your use of the Crrowd Beta as permitted by this Agreement.

10.3       Non-Disclosure of Confidential Information: You will not disclose, publish or disseminate the Confidential Information to any third parties.

Article 11     Restrictions

You agree not to:

 

  • Use Crrowd App for other purposes than defined in this Agreement. You shall be held liable for inappropriate use;

  • Access, query, or search the Crrowd App with any automated system;

  • Post defamatory, obscene or offensive Content;

  • Disclose the results of any benchmark tests of the Crrowd App to any third party without Vendor’s prior written approval;

  • Work around or circumvent any technical limitations or any copying or use restriction mechanisms in the Crrowd App;

  • Reverse engineer or decompile the Crrowd App, except and only to the extent that applicable law expressly permits, despite this limitation;

  • Publish the Crrowd App for others to copy;

  • Rent, lease or lend the Crrowd App; or

  • Transfer the Crrowd App or this Agreement to any third party.


Article 12      Disclaimers

12.1 You acknowledge that the Crrowd App has not been completely tested and may contain material defects or deficiencies. You agree to determine for yourself the suitability of the use of the Beta for your purposes. The Crrowd Beta is provided without extensive maintenance or support.

12.2 You acknowledge that Vendor has no express or implied obligation to announce or introduce the Crrowd App or any similar or compatible product. You acknowledge that all testing that you perform pursuant to this Agreement is done entirely at your own risk. Vendor makes no representations or warranties, express or implied, regarding the use or performance of the Crrowd App, including without limitation any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12.3 You accept the Crrowd Beta "As Is", and Vendor shall not be liable for any direct, indirect, incidental, special consequential or punitive damages, source, even if Vendor has been advised of the possibility of such damages. Vendor shall not be liable for money damages under this Agreement.

Article 13     General

13.1 You may not assign or transfer this Agreement, the Crrowd Beta, or the license contained herein without the express written consent of Vendor.

13.2 Any notices or other communication will be addressed to any email address that you may provide and will be deemed communicated when so emailed.

13.3 This Agreement shall be governed by the laws of Germany without regard to its conflict of law provisions. You and Vendor agree to submit to the exclusive jurisdiction of the courts located within Germany to resolve any legal matter arising from the Terms.

13.4 Your breach of this Agreement will result automatically in immediate termination of this Agreement and may be cause for exclusion in all other Vendor-sponsored programs, in addition to other remedies available to Vendor under applicable law. This Agreement may be terminated by either party upon ten days' notice. This Agreement will terminate upon the general release of the commercial version (Version 1.0 or later) of the Crrowd App.

13.5 The following provisions of Sections shall continue in full force and effect even after termination of this Agreement: 5 (Registration and Personal Information), 8 (Ownership), 11 (Confidentiality), 12 (Restrictions), 13 (Disclaimers) and 14 (General) together with all provisions of this Agreement that recite that they survive termination.

13.6 You hereby acknowledge that unauthorized disclosure or use of the Crrowd App or Confidential Information could cause Vendor irreparable harm and significant injury that may be difficult to ascertain and for which Vendor would not have an adequate remedy of monetary damages, and that accordingly, Vendor will be entitled to seek injunctive relief to curtail such disclosure or use.

13.7 This Agreement is the entire agreement of the parties and supersedes any other agreement governing your use of this Crrowd App.