Effective Date: January 27, 2022
Thank you for using Crunch. Please read these Terms and Conditions carefully before accessing or using our services. By installing, accessing, or using the Services, you agree to these terms and conditions. If you do not agree, then you may not use the Services.
While this is a legal agreement, we have tried to write it in a way that is clear, transparent and easy to follow. For your convenience, we have presented each of the terms in a short summary followed by the full legal term. If there is anything you are not sure about, please feel free to get in touch with us at hello@getcrunch.app.
1.Definitions
1.1. “Agreement” means, collectively, all the terms, conditions, notices contained or referenced in this document (“Terms and Conditions”) and all other operating rules, policies (including the Data Privacy Policy, available on the Crunch App) and procedures that we may publish from time to time on the Website and/or the Crunch App. Our policies are available on the Crunch App.
1.2. “App Store Provider” has the meaning ascribed to it in Clause 16.5 of these Terms and Conditions.
1.3. “Content” means contents of the Services, including its “look and feel”, design, layout, photographs, editorial content, notices, software, source-code, images, illustrations, animations, tools, text, ideas, communications, replies, comments, graphics, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services.
1.4. “Crunch”, “we”, and “us” means CRUNCH APP FZE.
1.5. “Crunch App” means the mobile application developed by Crunch for Users in connection with the Services.
1.6. “Crunch Content” means Content other than User Content.
1.7. “Crunch Indemnified Parties” means Crunch and its affiliates, and their respective shareholders, directors, agents, officers, personnel, employees, successors and assigns.
1.8. “Lean Technologies” means Lean Technologies, a third-party financial service technology.
1.9. “Non-Sensitive User Content” means all User Content save for Sensitive User Content.
1.10. “Salt Edge” means Salt Edge LLC, a third-party financial service technology.
1.11. “Sensitive User Content” means your passwords and security PINs forming part of User Content.
1.12. “Service” means the Website and the Crunch App offering a personal finance information management service that allows Users to consolidate and track their financial information in order to aid and assist in improving Users’ overall financial health.
1.13. “Personal Data” has the meaning ascribed to it under the Data Privacy Policy.
1.14. “User”, “you”, and “your” refers to the individual person that has visited or is using the Website, Crunch App or Services.
1.15. “User Content” means certain information, data, passwords, usernames, PINs, other log-in and registration information, materials and other content that you upload, transmit, post, generate, store, send, or otherwise make available, including but not limited to feedback you provide to us through the Services.
1.16. “Website” means our website which may be established and all Content, services, and products provided by Crunch at or through the Website. Further, the term, “Website” also refers to all Crunch-owned subdomains.
2. Who We Are and How to Contact Us
2.1. The Website and the Crunch App are owned and operated by Crunch App FZE, a private company registered in Dubai, United Arab Emirates with license number L-1091 and whose registered office is at SRT-FLR23-23.01-HD-102, Sheikh Rashid Tower, Dubai World Trade Center.
2.2. If you have any questions regarding the Service or the Agreement, please feel free to contact us hello@getcrunch.app.
3. Applicable Terms and Consent
3.1. By accessing or using the Services, you confirm that you accept and agree that you will comply with these Terms and Conditions, and all other terms set out in the Agreement. If you do not agree to any of these Terms and Conditions or any other terms set out in the Agreement, you may not and must not use any of the Services. Further, to use the Services, you must be at least (i) 18 years old, or (ii) the age of majority in the jurisdiction where you reside. No individual under these age limits may use the Services, provide any Personal Data to us, or otherwise submit Personal Data through the Services.
3.2. If you use the Services on behalf of another person, whether a natural person or legal person, you represent and warrant that you are legally and duly authorized and empowered by and for such person to agree to (i) this Agreement on behalf of such person and (ii) use the Services on behalf of such person. Further, you acknowledge and agree that you shall indemnify, on demand, the Crunch Indemnified Parties for any breach of such representation and warranty.
3.3. For more information regarding our various policies, please review them on the Crunch App.
3.4. Further, we reserve the right to change, amend or vary, in our sole and absolute discretion, the terms in the Agreement at any time by publishing such revisions on the Website and/or the Crunch App, with or without notice.
3.5. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. As such, we recommend that you check the Website and the Crunch App regularly to ensure you are aware of our current terms. We do not undertake to keep our Website and/or the Crunch App up-to-date and we are not liable if any content is inaccurate or out-of-date. Your continued use of the Services after changes are posted constitutes your acceptance of the Agreement as modified by the posted changes.
3.6. If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere in the Agreement relating to specific material, then the latter shall prevail.
4. Your Account
4.1. You may need to create a Crunch account to access and use the Crunch App and in doing so, you must provide us with accurate and complete information as prompted by the registration process. Further, we may, in our sole discretion, take measures to verify your identity and you hereby authorize us to make any inquiries we deem desirable, necessary or expedient to verify your identity, including but not limited to (i) asking you for further information, (ii) requiring you to take additional steps to confirm your email address or financial instruments, and/or (iii) verifying information you provide against third party databases or through other sources. If you do not provide such information, take such required steps or if we cannot verify your identity, we reserve the right, in our sole and absolute discretion, to refuse to allow you to use the Services.
4.2. We may allow you to log in to the Services through various online third-party services, such as social media and social networking services like Google or Twitter (“Third Party Services”). In order to use these features and capabilities, we may ask you to authenticate, register for, or log into Third Party Services on the websites of their respective providers. As part of this integration, the Third Party Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Data Privacy Policy, available on the Crunch App.
4.3. Third Party Services use, store, and disclose your information solely in accordance with their own policies. We assume no responsibility or liability for the privacy practices or any other actions of any third-party website or service that may be enabled within the Services. Further, we assume no responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services.
4.4. You represent and warrant that you are the subscriber and owner of your email address you provided in connection with the Services. Further, you agree and acknowledge that we or our affiliates may contact you by e-mail to your provided email address to verify your identity, provide you with notices and information regarding your account or use of the Services, fulfil your requests, resolve your complaints, provide you with promotional information, or for any other purpose we deem necessary in our sole and absolute discretion. However, regarding promotional information and other non-essential information, as determined by us in our sole discretion, you may opt out any time by following the steps set out in the emails we may send you to your provided email address. Please note that we are not liable for any delayed or undelivered emails.
4.5. You agree and consent to receive all notices and information we may send to your provided email address. It is your responsibility to provide us with your complete, accurate contact information, or promptly update us in the event you change your information. If we discover that any information provided in connection with your account is false or inaccurate, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account at any time.
4.6. You are responsible for maintaining the confidentiality of all actions that take place while using your account and must notify us immediately at hello@getcrunch.app in the event of any actual or suspected loss or unauthorized use of your account or account password. We are not responsible, and we do not assume any liability for any loss that results from unauthorized use of your account.
4.7. Please note that transmission of data or information including but not limited to communications by e-mail over the internet or other networks is not completely secure, and may result in possible loss, interception, or alteration. Accordingly, we do not assume any responsibility or liability for any damage or costs you may incur as a result of any such transmissions over the internet or other networks. While we shall take commercially reasonable efforts to protect the privacy of all information you provide us and while we shall treat all such information in accordance with our Data Privacy Policy, in no event will the information you provide to us create any fiduciary duty or obligations to you, or result in any liability to you in the event that such information is accessed by third parties without our express written consent.
4.8. If you want to end your relationship with Crunch and close your account and disable access to the Services, you can do so by contacting us at hello@getcrunch.app. For further information regarding removal of data, please refer to the Data Privacy Policy in addition to these Terms and Conditions.
4.9. Please note that if you wish to remove Crunch from your mobile devices, then you may delete the Crunch App, however that will only delete your data from the device. Your User Content is subject to this Agreement and will be treated in accordance with applicable law.
5. Service Updates
5.1. We may update our Services to offer you a better user experience. Therefore, we may provide updates (including automatic updates) for certain Services from time to time. This may include upgrades, modifications, bug fixes, patches, other error corrections or new features. You may be required to download such updates from time to time to ensure that your account and the Services work properly. Further, you hereby expressly consent to automatic updates and agree that the Terms and Conditions and other terms of the Agreement will apply to all such updates to the Services.
5.2. In our sole discretion, we may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content. In addition, we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
6. Suspension and Termination
6.1. We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.
6.2. We may, in our sole discretion, also deactivate, terminate or suspend your account or access to any and all Services at any time:
(i) if we determine you are or have been in violation of the Agreement or applicable law,
(ii) in response to requests by law enforcement or other applicable authority, or
(iii) upon discontinuation or material modification of any Services.
7. Privacy
7.1. We will process your Personal Data in accordance with our Data Privacy Policy, which may be amended from time to time. You have a number of rights which relate to access and control over your Personal Data, which are set out in the Data Privacy Policy available on the Crunch App.
7.2. You acknowledge and agree that we may, in our sole and absolute discretion, combine information you enter or upload for the Services with that of other Users and/or other Services to the extent permitted by applicable law. For instance, we may use non-identifiable, aggregated data of Users to improve the Services or to design promotions. Further, you acknowledge and agree that we may, in our sole and absolute discretion, access or store personal information in multiple countries, including countries outside of your own country, in accordance with applicable law.
8. Services
8.1. We may offer a premium version of the Services (“Premium Services”) and a free version of the Services (“Freemium Services”). In the event you subscribe to the Premium Services, you will be required to enter your billing information in order to sign-up. Further, you acknowledge and agree that unless you cancel your subscription prior to the last day of the billing cycle as per your subscription, you will be charged for renewal of such Premium Services in accordance with the billing package of your subscription (“Auto-Renewal”). In the event the Auto-Renewal is rejected for any reason whatsoever, including but not limited to changes to your billing details, you will be required to immediately update your billing information, failing which shall result in suspension/termination of Premium Services. At any time and without notice, Crunch and/or the App Store Provider may modify the terms and conditions of the payment for Premium Services. Further, in the event you do not wish the use Premium Services, we may offer Freemium Services with limited features, in our sole and absolute discretion.
8.2. We may, in our sole and absolute discretion, offer subscription to the Services with a free trial for a limited time (“Free Trial”). You may be required to enter your billing information in order to sign-up for such Free Trial or to subscribe to the Services. In the event of a Free Trial, you will not be charged until the Free Trial has expired. At any time and without notice, Crunch and/or the App Store Provider may modify the terms and conditions of the Free Trial offer or cancel such Free Trial offer.
8.3. We may also provide Users with information on general tips, recommendations, educational material relating, and loan platform offers by third parties (“Third Party Offers”).
8.4. We may also offer aggregate and anonymous salary data and other insight features (“Crunch Insights”), which are intended to promote transparency, help you to better understand your worth, and help you make more informed decisions. Unless indicated otherwise, we provide salary averages based on information provided by Users anonymously in accordance with applicable law. The salary data is computed by accessing User transaction data provided on the Crunch App, but such computations cannot be guaranteed. Accordingly, such salary data may include a certain degree of margin of error. Further, all data collected is encrypted using commercially reasonable standards and is not linked to any User’s personal information.
8.5. In order to obtain the data and other input required to provide Crunch Insights, we may use certain third-party providers (“Third Party Providers”). In such event, when you elect to use any of the features provided through the Services, you may be directed to a Third Party Provider to obtain such data or inputs. By using or accessing such features provided through the Service, you indicate that you have read, acknowledged, agreed, and accepted the terms of service and privacy policy of such Third Party Providers. Crunch is not responsible or liable for any errors or omissions or Third Party Provider related issues with respect to the account or the accuracy of said information retrieved or obtained from these third parties. Further, Third Party Providers use, store, and disclose your information solely in accordance with their own policies. We assume no responsibility or liability for the privacy practices or any other actions of any third-party website or service of such Third Party Providers. Further, we assume no responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Providers.
8.6. We do not guarantee the accuracy or completeness of Crunch Insights, and you are responsible for how you use them, and you should do your own independent research regarding any such Crunch Insights.
8.7. The Service is provided to you on an “as is” basis, with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Crunch, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to generality of the foregoing, Crunch provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
8.8. Your access and use of the Services may be interrupted from time to time for any reasons including but not limited to hardware or software malfunctions, updating, maintenance or repair of the Services or other actions that Crunch, in its sole and absolute discretion, may elect to take. In no event will Crunch be responsible or liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime or use of a rooted or jailbroken device.
8.9. For any portion of the Services offered on a payment or subscription basis, the following terms apply, unless Crunch or our third-party affiliate(s) otherwise notify you in writing. This Agreement also incorporates by reference and includes any program ordering and/or payment terms provided to you in connection with the Services.
(i) Your account will be debited or charged when you subscribe and provide your payment information in accordance with Clause 8.1 and Clause 8.2 of this Agreement, unless stated otherwise in the program ordering or payment terms on the Website or Crunch App for the Services.
(ii) You must pay with any one of the payment options provided to you.
(iii) If your payment and registration information is not accurate, current, and complete, and you fail to notify us promptly when any such information changes, we reserve the right to suspend or terminate your account and refuse access to the Services.
(iv) If you do not notify us of updates to your payment method to avoid interruption of the Services, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
(v) Crunch will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled, suspended or terminated under this Agreement.
(vi) We reserve the right, in our absolute and sole discretion, with or without prior notice to you, to change our subscription plans or adjust pricing for our Services in any manner and at any time.
(vii) At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
(viii) If you believe a payment shown on your billing statement or receipt is wrong, or if you need more information about a payment listed, you must notify us at hello@getcrunch.app no later than 90 days after we sent the first statement or receipt on which the problem or error appeared.
(ix) Additional payment, cancellation, or renewal terms may be provided to you elsewhere in this Agreement or within the Services.
9. Account Information from Third Party Sites
9.1. Users may direct Crunch to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts, or engage in financial transactions (“User Account Information”). Crunch may work with one or more service providers to access such User Account Information. However, Crunch does not and shall not review or verify any of the User Account Information for accuracy, completeness, legality or non-infringement. We are neither responsible nor liable for any User Account Information products and services offered by or on third party sites.
9.2. One facet of User Account Information is bank linking. In order to provide bank linking capabilities, allowing you to connect your bank account to Crunch for automatic transaction updates in accordance with our Services, we may work with one or more third party financial service technology providers, namely Salt Edge and Lean Technologies to access and retrieve your User Account Information. By using the Service, you indicate that you have read, acknowledge, agree, and accept the terms of service and privacy policy of such third-party financial service technology providers.
9.3. You understand and agree that the Service is not sponsored or endorsed by any third parties. Crunch is not responsible or liable for any errors or omissions or third-party service-related issues with respect to the account or the accuracy of said information retrieved or obtained from these third parties.
9.4. Crunch is not responsible for nor liable for any technical or other difficulties which may result in failure to obtain User Account Information, data or loss of data, personalization settings, device operating environment malfunctions or other service interruptions. Further, Crunch is not responsible neither liable for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
10. Third Party Offers
10.1. Certain parts of the Services may be supported by or include sponsored links from third parties including advertisers. Such links may include offers, including but not limited to Third Party Offers, which will be disclosed to you. Where Services contain links to other sites or applications and resources provided by third parties, including but not limited to Third Party Offers, these links are provided for your information only. Such links should not be interpreted as approval by us. We have no control over the content of such sites or resources and Crunch is not an agent, representative, or broker of any advertiser, or otherwise responsible for the activities or policies of third parties whose offers are shown. Further, if you elect to use or purchase products or services from third parties through Third Party Offers, you are subject to their terms and conditions and privacy policies. We do not own or control any such third party and are not responsible or liable for such products or services. If you have a support question or other inquiry related to a third party’s products or services, you should contact the third party directly, using the contact information provided in their terms of use or other customer agreement.
10.2. Third Party Offers are provided to you as a convenience. We do not endorse, warrant, recommend, or guarantee the products or services available through the Third Party Offers, whether or not sponsored. Further, we are not responsible for and do not guarantee that the loan, investment, plan or other service terms, rates, rewards or other content offered by any particular advertiser or other third party through the Services are true, accurate or complete, or are the best terms or lowest rates available to you elsewhere in the market. Information in the Third Party Offers are subject to the third parties’ review, approval, and terms. We may receive compensation from third parties whose offers are shown in the Services, and that may impact how and where Third Party Offers may appear.
10.3. We may offer a loan platform in our Services. If you use such loan platform to find offers and potential options for a loan with a lender, your use is and will be subject to additional terms and conditions, which will be posted on our Website and/or the Crunch App and form part of this Agreement. With respect to those Services, we are not a lender or a party to any transaction between users and any of our lender partners, and do not make credit decisions.
10.4. Third party trademarks or logos are the property of their respective owners. Third party trademark holders are not affiliated with, nor do they sponsor or endorse, Crunch or any of its products or services.
11. Your Use of the Services
11.1. Upon successful registration to our Services, we grant you a limited personal revocable, non-exclusive, non-assignable, non-transferable, and non-sub-licensable license to access and use the Services as set out in this Agreement. You are only granted a limited right to use of the Services and only for the purposes of the Services for such time you are registered to use the Services and by the means described by Crunch as set out in this Agreement. Your use of all the Services is governed by this Agreement. Crunch may, in its sole and absolute discretion, refuse you access to the Services and/or suspend, cancel, or terminate your registration to the Services without prior notice in accordance with the terms of this Agreement and, notwithstanding anything to the contrary in this Agreement, you shall not be entitled to any compensation in respect of any such suspension, cancelation or termination.
11.2. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law or this Agreement. You agree that you will not (i) provide access to or give any part of the Services to any third party, (ii) reproduce, modify, copy, sell, trade, lease, rent, or resell the Services, (iii) decompile, modify, copy, sell, trade, lease, rent, or resell the Services, or (iv) make the Services available on any file-sharing or application hosting service. Further, you agree to take all reasonable steps to protect the Services from any viruses, malware, spyware and the like.
11.3. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, will be for Crunch to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
11.4. From time to time, we may offer updated pre-release, beta, or trial features in connection with the Services (“Trial Features”) for your use and feedback. You acknowledge and agree that your use of such Trial Features is voluntary, and Crunch is not obligated to provide you with any such Trial Features. If you decide to use such Trial Features offered to you, you acknowledge and agree to all rules and restrictions we may place on such Trial Features. Further, you understand that once you use such Trial Features, you may be unable to go back to the earlier version of the same or similar feature or Service or restore any data which may be lost or compromised. The Trial Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Trial Features is at your sole risk.
11.5. Use of the Services may be available through the Crunch App, which may not be available or compatible for all devices. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider. You will need to check the Services to ensure your device and telecommunications provider are compatible. Crunch is not obligated to provide a compatible version of the Services (including but not limited to a compatible mobile app) for all devices, operating systems or telecommunication providers, all of which are subject to change by Crunch at any time without notice to you.
11.6. Crunch makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; or (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
11.7. Crunch may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information.
11.8. We may provide a feature wherein voluntary account alerts may be turned on by default as part of the Services, which can then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Crunch reserves the right to add new alerts or cease to provide certain alerts at any time in its sole and absolute discretion.
11.9. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Crunch shall make commercially reasonable efforts to provide alerts in a timely manner with complete and accurate information, but cannot guarantee the delivery, timeliness, completeness or accuracy of the content of any alert. Crunch will not be responsible or liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in connection with any alert.
11.10. You acknowledge and agree that you shall not use the Services, in part or in whole, confirm that you will not use the Services for any prohibited activity under any applicable law including but not limited to (i) gambling, (ii) regulated products and services such as internet/telephone/mail order sale of tobacco, e-cigarettes & e-liquid, online pharmacies, age restricted goods or services, guns, weapons and munitions, fireworks and other explosives, (iv) multi-level marketing such as pyramid schemes, network marketing, referral marketing, affiliate marketing, (v) adult content and services such as pornography, obscene materials, dating or marriage services, (vi) drug paraphernalia and related products, (vii) any activities in contravention with any applicable law, (viii) intellectual property rights infringement, (ix) practices inconsistent with the intended use or are otherwise prohibited by this Agreement, or (x) any other activity that is against human rights, related to discrimination or violence, or reasonably unethical.
11.11. Further, you acknowledge and agree that you shall not:
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, monitor or distribute the Services in part or in whole.
(ii) Use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Services, other than the search engines and search agents provided to you through the Services and generally available third-party web browsers such as Google Chrome or Safari.
(iii) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features and tools which may interfere with the Services.
(iv) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
(v) Use any information available through the Services for purposes of issuing credit, insurance or other financial or insurance related services or to make any eligibility determinations.
(vi) Mirror or otherwise incorporate any part of the Services into any other site, or deep-link to any portion of the Services.
(vii) Reproduce, modify, copy, sell, trade, lease, rent or resell the Services or otherwise use any portion of the Services, including but not limited to any data or information published by Crunch as part of the Services, for any commercial purpose.
(viii) Copy, modify, or create derivative works of the Services or any Content (excluding your User Content).
(ix) Copy or use the information, Content (excluding your User Content), or data on our Services in connection with a competitive service, as determined by Crunch.
(x) Attempt to gain or enable unauthorized access to any portion of the Services.
12. Content
12.1. All Crunch Content and all copyright, trademarks, design rights, patents and other intellectual property rights, whether registered or unregistered, in and on the Services belong to Crunch or applicable third parties. Each User retains ownership, responsibility for, or other applicable rights in the User Content that such user creates, but grants a license of the Non-Sensitive User Content to Crunch. Except as expressly provided in the Terms and Conditions, nothing grants you a right or license to use any Crunch Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by us.
12.2. Subject to your compliance with the Agreement, we grant you a limited, revocable, personal, non-transferable, non-commercial and non-exclusive right and license to access and use the Services and Crunch Content for your own personal use provided that you do not, and do not permit any third party to, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise exploit any right in the Crunch Content or Services.
12.3. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, will be for Crunch to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
12.4. When you provide User Content to Crunch through the Services, you grant Crunch and other users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit Non-Sensitive User Content (including but not limited to any feedback, suggestions or reviews a User may provide) in connection with any and all Services. You acknowledge and agree that:
(i) we have the right to arrange the posting of Non-Sensitive User Content in any way we desire, subject to applicable law to inter-alia ensure the smooth running of the Services;
(ii) we have no obligation to provide you with any credit when using your Non-Sensitive User Content; and
(iii) you are not entitled to any compensation or other payment from us in connection with the use of your User Content.
12.5. Following termination of your account, or if you remove any User Content from the Services, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further, Crunch and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your Non-Sensitive User Content that otherwise has been stored or shared through the Services. Accordingly, the license to your Non-Sensitive User Content as set out in this Clause 12 continues even if you stop using the Services. For more information, please review our Data Privacy Policy available on the Crunch App.
12.6. You acknowledge and agree that you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant Crunch the foregoing license for all Non-Sensitive User Content you submit in connection with the Services and will indemnify the Crunch Indemnified Parties for any breach of such representation and warranty.
12.7. We make no representation or warranty, express or implied, as to, and assume no responsibility for, the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
13. Complaints
13.1. If for whatever reason you are unhappy with the Service, you can make a complaint by emailing us at hello@getcrunch.app.
14. Notices
14.1. Any notices and communications provided for in or pursuant to the Agreement or the Services shall be made in writing and in English.
14.2. If you need to deliver us a notice, you can do so by emailing us at hello@getcrunch.app.
14.3. If we need to serve a notice on you in connection with this Agreement, we will email you at your email address that you have provided to us.
14.4. A notice shall be deemed to have been given or made when dispatched, provided that the sender has not received a delivery failure notification.
14.5. If delivery or receipt occurs on a day other than a business day, it will be taken to have been duly given at the commencement of the next business day.
15. Lawful Purpose
15.1. You acknowledge and agree to use the Services only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party or other users. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content
16. Miscellaneous
16.1. No Representations or Warranties
(i) Crunch expressly disclaims all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under law.
(ii) The Services and all Content are provided on an ‘as is’ and ‘as available’ basis. Without limiting the foregoing, you acknowledge and agree, to the maximum extent permitted by applicable law, we make no representation, warranty or guarantee, express or implied, regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content.
(iii) To the maximum extent permitted by law, we do not represent or warrant that (a) the Services will meet your requirements or provide specific results, (b) the operation of the Services will be uninterrupted, error-free or free from other harmful elements or (c) errors will be corrected. Any oral or written advice provided by Crunch, its affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, successors or assigns does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content.
(iv) No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made in these Terms and Conditions. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
16.2. Limitation of Liability
(i) To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Crunch, its affiliates, or their respective shareholders, directors, agents, officers, personnel, employees, successors or assigns be liable to you or any third party for (a) any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind whatsoever, (b) loss of profits, revenue, data, use, goodwill, or other intangible losses, (c) damages relating to your access to, use of, or inability to access or use the Services, (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content, or (e) damages in any manner relating to any content or third-party products accessed through the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Crunch has been informed of the possibility of such damage, and further where a remedy set forth in these Terms and Conditions is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Crunch, for any claim under the Agreement, including for any implied warranties, is limited to AED 1,000.
(ii) In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (b) your use of the Services, (a) the use, disclosure, display, or maintenance of a user's Personal Data, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
(iii) To the extent permitted by applicable law, you acknowledge and agree that we offer the Services in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms and Conditions, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
(iv) Crunch’s performance under this Agreement shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, epidemics, pandemics, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
16.3. Indemnity
You shall defend, indemnify and hold harmless the Crunch Indemnified Parties, on demand, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including reasonable attorneys’ fees), whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Services, including add-on Services and/or device operating environment.
16.4. Not a Financial Planner, Broker, or Tax Advisor
The Services are not intended to provide legal, tax, investment/retirement planning, or financial advice, and are not intended to serve as tax preparation services. We are not a financial advisor, planner, broker, or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other certified financial advisers who are fully aware of your individual circumstances.
16.5. App Store
(i) The following applies to any App Store Sourced Application accessed through or downloaded from the mobile application stores:
(a) You acknowledge and agree that (i) the Agreement is between you and Crunch only, and not the app store provider (“App Store Provider”), and (ii) Crunch is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the relevant App Store Terms of Service.
(b) You acknowledge that the App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Provider, and the App Store Provider may refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law. The App Store Provider will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
(d) You and Crunch acknowledge that, as between Crunch and the App Store Provider, the App Store Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Crunch acknowledge that, in the event of any third -party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Crunch and the App Store Provider, Crunch, not the App Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and Crunch acknowledge and agree that the App Store Provider and its subsidiaries, are third -party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Agreement, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you.
16.6. Governing Law and Arbitration
(i) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
(ii) Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration at the premises of the Dubai International Arbitration Center in accordance with the provisions set forth under the Rules of Commercial Conciliation and Arbitration (“Rules”) of the Dubai Chamber of Commerce & Industry, by three arbitrators appointed in compliance with the Rules.
16.7. No Partnership or Agency
Nothing in this Agreement shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and Crunch.
16.8. Assignability
We may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Agreement without our prior written consent, and any unauthorized assignment and delegation by you is void.
16.9. Entire Agreement
This Agreement and any documents explicitly referred to in this Agreement, are the entire agreement between you and us.
16.10. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Crunch to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
16.11. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.