Terms of Use

1. INTRODUCTION

At Crigloo, we have built an omnichannel optimization platform that is super easy to use and yet powerful. Please read these Terms of Use ("Terms") carefully before using our websites and any online services provided by Crigloo or its affiliates (collectively, "Company", "we", or "us" or "our") that post a link to these Terms (the "Service(s)"). By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy posted on the applicable portion of the Service.

These Terms affect your legal rights, responsibilities, and obligations and govern your use of the Services, are legally binding, limit Crigloo's liability to you, require you to indemnify us, and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service.

If you have a disability which prevents you from electronically accessing these Terms and require it to be provided in alternative format (e.g., audio, large print), you can send us a message at info@crigloo.com for assistance.

2. ADDITIONAL TERMS

In some instances, additional or different terms, posted on the Service or contained within an order form for the Services, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, [these Terms] [the Additional Terms] will control unless the Additional Terms expressly state otherwise.

3. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT

a. Ownership.

The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Crigloo, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Crigloo, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Crigloo owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

Crigloo customers ("Customers") who use the Services to conduct advertising campaigns retain all right, title, and interest in and to advertising content ("Advertising Content") input into the Service by Customers and served through marketing channels via the Service.

b. Your Rights to Use the Service and Content.

Your right to use the Service and Content is subject to your strict compliance with these Terms and any Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations of these Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your lawful use only (collectively, the following are the "Crigloo Licensed Elements"):

• Use the Service to conduct advertising campaigns, consistent with these Terms and any our Privacy Policy;
• Display, view, use, and play the Content on a computer, mobile, or other internet enabled or permitted device ("Device"), and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
• Subject to any applicable Additional Terms, if the Service includes a "Send to Friend," social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, use the Service to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negatively on us, and only send to recipients you have permission to contact;
• Obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
• Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Crigloo names, logos, or images; (b) the links and the content on your website do not suggest any affiliation with Crigloo or cause any other confusion; and (c) the links and the content on your website or service do not portray Crigloo or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Crigloo. Crigloo reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
• Use any other functionality expressly provided by Crigloo on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post Customer Content (as defined below)), and any applicable Additional Terms.

c. Additional Terms for Usage Subscriptions.

Crigloo may provide Customers the opportunity to sign up for a 5-day trial of the Service. To take advantage of the free trial, Customers must provide a credit card number. Customers may cancel the Services within the 5-day trial period without incurring any charges. After the 5-day trial period has lapsed, the cost of the Services will be charged to the credit card account provided by Customer.

Crigloo Customers may purchase monthly and annual subscription plans (the "Subscription Term"). Unless Customer cancels within the subscription term, the Customer's credit card will be charged for the next subscription term. If Customer cancels a subscription in the middle of the Subscription Term, Customer will have access to the Service for the duration of the Subscription Term. Purchases of usage subscriptions on the Service are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly subscription). Any attempt to transfer, assign, or otherwise sell or trade such subscription, regardless of manner or method, is null and void.

d. Reservation of all Rights Not Granted as to Content and Service.

These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY CRIGLOO AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.

e. Third-Party Services.

We are not responsible for third parties or their content, advertisement(s), apps, or sites ("Third-Party Services"). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services.

4. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES

a. User-Generated Content and Advertising Content.

i. General.

Crigloo may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any Third-Party Services or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Crigloo Licensed Elements included therein, "User-Generated Content" or "UGC").

ii. Non-Confidentiality of Your Customer Content.

Except as otherwise described in the Service's posted Privacy Policy, or any applicable Additional Terms, you agree that: (a) your Customer Content will be treated as non-confidential and non-proprietary by us—regardless of whether you mark them "confidential," "proprietary," or the like—and will not be returned; and (b) to the maximum extent not prohibited by applicable law, Crigloo does not assume any obligation of any kind to you or any third-party with respect to your Customer Content.

iii. License to Crigloo of Your UGC.

Except as otherwise described in any applicable Additional Terms (such as a promotion's official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant Crigloo, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.

b. Community Usage Rules.

As a user of the Service, these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of members of the Service's online communities ("Communities"). Your participation in the Communities is subject to all of the Terms, including the following Rules:

i. Your Customer Content.

All of your Customer Content either must be original with you, or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your Customer Content should not contain any visible logos, phrases, or trademarks that belong to third parties.

ii. Act Appropriately.

All of your Service activities must be venue-appropriate, as determined by us. Be respectful of others' opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your Customer Content might offend someone or be embarrassing to someone, then chances are it probably will be, and it doesn't belong on the Service.

iii. Do Not Use to Solicit or Send Unwanted Communications.

Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

5. SERVICE AND CONTENT USE RESTRICTIONS

a. Service Use Restrictions.

You agree that you will not: (a) engage in any activities through or in connection with the Service that seek to, attempt to, or do harm to any individuals or entities, or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Crigloo; (b) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever.

b. Content Use Restrictions

You also agree that, in using the Service, you: (a) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.

6. WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCT OR SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT.

7. LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR CUSTOMER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE PRODUCT OR SERVICE.

8. CONTACT INFORMATION

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: 25225 SE 42nd Dr. Sammamish, WA, 98029: (Attn: General Counsel). If you have a question regarding the Service, you may contact Crigloo Customer Support by sending an email to: info@crigloo.com.

9. GENERAL PROVISIONS

If any part of these Terms is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.