End User Licence Agreement
1 This EULA is a legally binding agreement between you as an individual (‘You’) and Crowd Technologies Limited (‘the Licensor’) for your use of the current version from time to time of this cloud-based software application (‘SoCrowd’) including related media, components, modules, drivers and APIs. In using SoCrowd You agree to be legally bound by the terms of this EULA. If You do not agree to be bound by the terms of this EULA then You should not access or use SoCrowd.
2 SoCrowd is licensed to You, not sold. On acceptance of this EULA the Licensor grants to You a non-exclusive license for the use of SoCrowd subject to the terms and conditions set out in this EULA. Should You breach this EULA at any time your right to use SoCrowd will immediately terminate without any notice being given. All other provisions of this EULA will remain in effect and survive termination.
3 In your use of SoCrowd You agree to:
a use your best efforts to prevent unauthorised access to or use of SoCrowd, including by maintaining a strong password, keeping your password confidential and diligently monitoring activity on your SoCrowd account;
b notify the Licensor promptly if You become aware of or suspect any security breach relating to your SoCrowd account, including any loss, theft or unauthorised disclosure or use of your username, password, or account; and
c comply with all applicable terms of use imposed by the social networks to which You connect through SoCrowd, including but not limited to the published terms of service from time to time of Facebook, Instagram, LinkedIn and Twitter.
4 In consideration of the grant to You of a license to use SoCrowd, You agree to not:
a allow SoCrowd to be accessed or used by any unauthorised person;
b allow any other person to access SoCrowd using your log-in and/or password;
c upload, share or transmit any content to SoCrowd that:
(i) You do not own or have been given the right to share; or
(ii) may infringe or violate the intellectual property, privacy, publicity rights, or any other rights of any person or third party;
(iii) is or may be considered by a reasonable person to constitute hate speech, terrorist content or incitement to violence; or to be threatening, defamatory, fraudulent, misleading, intimate, exploitative or otherwise tortious or unlawful; or
(iv) breaches the privacy of individuals, including but not limited to profiling individuals based on personal information about their race, sexuality, health or political views;
d use SoCrowd to send unsolicited messages in violation of applicable laws or any applicable terms of use imposed by the social networks to which You connect through SoCrowd;
e upload to, or transmit from, SoCrowd any content or redirect to a virus, worm, Trojan horse, or other harmful object;
f deliberately seek to degrade the quality of the user experience for other users of SoCrowd;
g attempt to copy, modify, reverse engineer, de-compile, hack, disable, disassemble or disrupt the features, functionality, integrity, or performance of SoCrowd;
h access SoCrowd with the intention of building a similar or competitive product or service to SoCrowd, or to copy any ideas, features or functions of SoCrowd.
5 The terms of this EULA are for the benefit of both You and the Licensor. If any provision of this EULA is held by a competent Court or tribunal to be unenforceable, illegal or invalid the offending words will be deemed to have been removed from this EULA to the extent required for the remainder of this EULA to be enforceable, legal or valid.
6 Ownership and related intellectual property rights in SoCrowd reside and shall continue to reside with the Licensor, including title and any interest in patents, copyrights, moral rights, know-how, trademarks, business names, domain names, goodwill, rights in designs, branding, websites, databases, documentation, software, data and content.
7 No delay, forbearance or neglect by the Licensor in enforcing its rights under this EULA will be a waiver of such breach or prejudice the rights of the Licensor.
8 To the maximum extent permitted by applicable law, in providing SoCrowd and related services the Licensor hereby excludes liability for any loss costs, charges, expenses or damage whether arising from under tort (including negligence), breach of contract, breach of common law or statutory duty, misrepresentation, or otherwise.
9 This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Parties hereby irrevocably submit to the jurisdiction of the English courts.
