Terms OF USE
Last updated on January 31, 2023
These Terms of Use of Crewscope Inc. (“Crewscope” or “we”) apply to your access to and use of Crewscope’s web-based proprietary information technology platform (the “Platform”) via the website https://crewscope.com.
We refer to your access and use of the Platform, as well as the implementation, training, onboarding, and other ancillary services that we provide, as the “Services”. If you are a user that has been designated by a customer or client of Crewscope and have access to the Platform, then these Terms of Use apply to your use of the Services. Please read these Terms of Use carefully before using the Services. BY USING THE SERVICES, YOU INDICATE THAT YOU AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE FOREGOING, YOU MAY NOT USE OR ACCESS ANY OF THE SERVICES.
RESTRICTIONS ON USE
The Services are for your own use only and in connection with the relationship that you have or services that you provide to the customer or client of Crewscope that has designated you for purposes of access to and use of the Service. You may not use the Services in connection with any other customer or client of Crewscope, except as expressly permitted through the Platform.
In addition, as a condition for your access to and use of the Services, you must:
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- Not copy, modify, or create derivative works of the Platform, the Services, or any related documentation, in whole or in part;
- Not rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, the Services, or any related documentation unless we explicitly authorize you to do so;
- Not reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform or the Services, in whole or in part;
- Not remove any proprietary notices from the Platform, the Services, or any related documentation; and
- Not use the Platform, the Services, or any related documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable law.
Any unauthorized use of the Services will entitle us to immediately terminate your access and use of the Service, in addition to any other breaches by you of these Terms of Use, and without limitation to any other remedies that may be available to us.
ACCOUNT SECURITY
You agree to keep your access credentials, such as passwords or other information required to access the Platform, secure and confidential. Use uniquely generated strong passwords and do not share the same password across multiple accounts or software. You are responsible for all activity performed on your account using your credentials for as long as the integrity of the Crewscope platform stays uncompromised.
You must immediately notify Crewscope of any unauthorized use, or suspected unauthorized use, of your access credentials.
Your access credentials may be revoked if you share them with any third party, if they are compromised, if you violate these Terms of Use, or at the termination or expiry of the customer’s contract with Crewscope regarding the Services.
SERVICE SUSPENSION
Crewscope may temporarily suspend your access to or use of any portion or all of the Platform or the Services if: (i) Crewscope reasonably determines that there is a threat or attack on any of the Crewscope IP, or your use of the Crewscope IP disrupts or poses a security risk to the Crewscope IP or to any other customer or vendor of Crewscope, (ii) you are using the Crewscope IP for fraudulent or illegal activities, or Crewscope’s provision of the Services becomes prohibited by applicable law; (iii) any third-party vendor has suspended or terminated access to or use of such third-party’s services or products required to enable Customer to provide the Services.
Crewscope will use commercially reasonable efforts to provide updates regarding the resumption of access to the Services following any suspension of Services. Crewscope will have no liability for any damage, liabilities, losses, or any other consequences that you may incur as a result of any suspension of Services.
PRIVACY POLICY
Please refer to Crewscope’s Privacy Policy, available at https://crewscope.com/privacy-policy/ as updated from time to time (the “Privacy Policy”), for information on how we collect, use and disclose personal information from users. By using the Services, you agree to our use, collection, and disclosure of your information in accordance with the Privacy Policy.
COMPLIANCE WITH LAWS
You represent, warrant, and covenant to Crewscope that your access to and use of the Platform and the Services shall comply with all applicable laws you are aware of, and will not cause any violation or non-compliance of Crewscope’s customer’s policies and procedures, including those relating to occupational or workplace health and safety.
INTELLECTUAL PROPERTY
Crewscope owns all rights, title, and interest, including all copyrights, trademarks, and other intellectual property rights, in and to the Platform, the Services, and all related documentation (the “Crewscope IP”) and, with respect to Third-Party Platforms, the applicable third-party provider owns all right, title, and interest, including all intellectual property rights, in and to the Third-Party Platforms.
If you send or transmit any communications or materials to Crewscope by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform or the Services, including new features or functionality, or any comments, questions, suggestions, or the like (“Feedback”), Crewscope is free to use (but not required to use) any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
THIRD-PARTY PLATFORMS
Certain platforms, websites, services, or products on the Platform that are integrated or enabled for use with the Services are provided by third parties (the “Third-Party Platforms”). You acknowledge that the applicable third-party provider owns all rights, titles, and interests, including all intellectual property rights, in and to the Third-Party Platforms.
If you are redirected to linked sites and content in connection with your use of any Third-Party Platform, you (i) will comply with the terms of use and privacy policies of such sites and content; and (ii) acknowledge that any opinions, advice, statements, content, services, offers or other information expressed or made available by or on any Third-Party Platform are those of the respective third parties and do not necessarily state or reflect those of Crewscope.
EXCLUSION OF WARRANTIES
THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS” AND CREWSCOPE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EXCEPT AS PROVIDED IN THE CONTRACT WITH THE CUSTOMER OR CLIENT OF CREWSCOPE THAT DESIGNATED YOU AS USER OF THE SERVICES, CREWSCOPE HEREBY (i) SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND (ii) MAKES NO WARRANTY OF ANY KIND THAT THE PLATFORM, THE SERVICES, THE CREWSCOPE IP OR RESULTS OF THE USE THEREOF, WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL CREWSCOPE BE LIABLE UNDER THESE TERMS OR USE OR IN CONNECTION WITH THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CREWSCOPE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
GOVERNING LAW
These Terms of Use, and all related documents and matters arising hereunder, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal suit, action, litigation, or proceeding arising out of, from, or relating to this Agreement shall be instituted in the courts of the Province of Ontario, and each Party irrevocably submits to the exclusive jurisdiction of such courts.
CHANGES TO TERMS OF USE
Crewscope reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms of Use, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, or we will post a notice on the Platform or on the website.
Any changes or modifications will be effective immediately upon posting of the revised Terms of Use on this website provided Crewscope has complied with its obligations above to communicate the change. Your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. These Terms of Use will always show the ‘last updated’ date at the top. If you do not agree to the modified Terms of Use, you must stop using the Services.
CONTACT US
If you have any questions, comments, or requests regarding these Terms of Use, please contact us by sending an email to us at support@crewscope.com
