1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Crowdrift Limited ("Crowdrift," "we," "us," or "our") governing your access to and use of the Crowdrift platform, website at crowdrift.com, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.
2. Eligibility
To use the Service, you must:
- Be at least 16 years of age.
- Have the legal capacity to enter into a binding agreement.
- Not be prohibited from using the Service under applicable law.
If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
3. The Service
Crowdrift provides an AI-powered advertising platform that creates and manages digital advertising campaigns for small businesses across various advertising platforms. Our Service includes:
- Automated creation and management of advertising campaigns.
- Optimization and monitoring of campaign performance.
- Reporting and analytics related to your advertising activities.
Service Availability
We strive to maintain the availability of the Service, but we do not guarantee uninterrupted, error-free, or continuous access. The Service is provided on a "best effort" basis. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any downtime, interruptions, or performance issues.
Third-Party Platform Dependencies
The Service relies on third-party advertising platforms (such as Meta and Google) to deliver campaigns. Changes to these platforms' terms, APIs, policies, or availability may affect the Service. We are not responsible for actions taken by third-party platforms, including the rejection, modification, or removal of your advertising content.
4. Your Account
To access the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Keep your account credentials secure and confidential.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be compromised.
5. User Content & License
"User Content" refers to any information, data, text, images, logos, or other materials you provide to the Service, including business information, branding assets, and advertising content.
Your Ownership
You retain ownership of your User Content. However, by submitting User Content to the Service, you grant Crowdrift a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of providing and improving the Service - including creating, managing, and optimizing advertising campaigns on your behalf.
Your Responsibilities
You represent and warrant that:
- You own or have the necessary rights to submit all User Content.
- Your User Content does not infringe upon the intellectual property or other rights of any third party.
- Your User Content complies with all applicable laws and advertising regulations.
6. Payment & Billing
Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.
- Billing cycles - subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select.
- Payment methods - you must provide a valid payment method. You authorize Crowdrift (or our payment processor) to charge your payment method for all applicable fees.
- Price changes - we may change our pricing with at least 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
- Taxes - fees are exclusive of applicable taxes, which you are responsible for paying.
- Ad spend - subscription fees are separate from any advertising spend charged directly by third-party advertising platforms. You are responsible for all costs associated with your ad campaigns on those platforms.
7. Cancellation & Refunds
Monthly Plans
You may cancel your monthly subscription at any time. Cancellation will take effect at the end of the current billing period. You will retain access to the Service until the end of the period you have already paid for. No refunds or credits will be issued for partial billing periods.
Annual Plans
Annual subscriptions are non-cancellable and non-refundable. By purchasing an annual plan, you commit to the full annual term. No partial refunds, credits, or early termination will be provided.
Refund Policy
All fees paid to Crowdrift are non-refundable. This includes, but is not limited to, subscription fees, setup fees, and any other charges associated with the Service.
8. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights.
- Promote illegal products, services, or activities.
- Submit false, misleading, or deceptive advertising content.
- Distribute malware, spam, or other harmful content.
- Attempt to gain unauthorized access to the Service or its systems.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users.
- Resell, sublicense, or otherwise make the Service available to third parties without our express permission.
- Violate the advertising policies of any third-party platform used by the Service.
We reserve the right to suspend or terminate your access if we believe you have engaged in any prohibited use.
9. Third-Party Services
The Service integrates with and relies upon third-party services, including advertising platforms, payment processors, and analytics providers. Your use of these third-party services is subject to their respective terms and privacy policies. Crowdrift is not responsible for the actions, content, or practices of any third-party service.
10. Intellectual Property
The Service, including its design, features, software, content, trademarks, and all related intellectual property, is owned by Crowdrift and protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying technology without our express written permission.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, Crowdrift disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Any warranty that the Service will be uninterrupted, secure, or error-free.
- Any warranty regarding the results or performance of advertising campaigns created through the Service.
Advertising results depend on many factors beyond our control, including market conditions, audience behavior, third-party platform algorithms, and the quality of your products or services. We do not guarantee any specific outcomes, results, or return on investment.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROWDRIFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees paid by you to Crowdrift during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the limitations above shall apply to the fullest extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Crowdrift and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service.
- Your User Content.
- Your violation of these Terms.
- Your violation of any rights of a third party.
- Your violation of any applicable law or regulation.
14. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:
- Your right to use the Service will cease immediately.
- We may delete your account and associated data in accordance with our Privacy Policy, including a 90-day retention period following account deletion.
- Any outstanding fees owed to Crowdrift will become immediately due and payable.
- Provisions of these Terms that by their nature should survive termination will remain in effect, including Sections 5 (User Content & License), 7 (Cancellation & Refunds), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law).
15. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.
You agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date. For material changes, we will also attempt to provide notice through the Service or by email.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.
17. Contact Us
If you have questions about these Terms of Service, please contact us:
Crowdrift Limited
Email: [email protected]