Terms and Conditions

Terms of service

General

Last updated on the 28th of November 2019

This is an agreement between you or the entity you represent (hereinafter “You” or “Your”) and Crio Digital Pvt. Ltd. having an address at 372, Sitaram Apartment, I.P. Extension, Delhi- 110092 (hereinafter “Crio”,“CRIO”, “Crio Digital”) governing your use of our products crioapp.com, www.crio.digital and all iOS and Android mobile applications made available by us. We refer to all of these products as “Services” in this policy. These Terms of Use affect your legal rights and obligations (hereinafter, you and Crio may sometimes be collectively referred to as the “Parties” and each individually as a “Party”). If you do not agree to be bound by all of these Terms of Use, do not access or use the service and products we provide. By accessing our Services, you agree with these terms and with ::Privacy Policy::. Please read these terms carefully, and contact us if you have any questions.

Our services

We provide an array of services for online collaboration and management including visual content creation, asset management, campaign creation and distribution, and a collaborative design and editing tool, scheduling and posting tool (hereinafter “Service” or “Services”). You may use the Services for your personal and business use or for internal business purposes in the organisation that you represent. You may connect to the Services using any Internet browser or mobile application supported by the Services. You are also responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create, edit, publish and share content with your user account through our platform. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you. You agree that Crio will not be liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.

Becoming a User

You need to sign up for a user account by providing all the required information to access or use the Services. If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. You agree to:

a) be responsible for any activity that occurs through your account keeping your password secret and secure;

b) not to open an account on behalf of third parties. In case you open an account on behalf of a third party, then “you” includes you and that third party, and you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the third party to these Terms and that you agree to these Terms on the third party’s behalf;

c) not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

Support queries

If you would like to send a support query to us, please contact us at contact@crio.digtal. The Service may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our ::privacy policy::, we provide you the option of opting out from receiving certain email communication from us. However, you will not be able to opt-out from receiving administrative messages including the request to validate your email address.

Complaints and Feedback

We welcome feedback of any sort and are always interested in learning about ways we can make our Services better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, we do not waive any rights to use similar or related Feedback previously known to Crio, or developed by its employees, or obtained from sources other than you. By submitting a complaint regarding your account, you authorise Crio’s team to check content on your account as required to address the issue. If we receive a complaint from any person against you concerning your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Crio in the communication. If you do not respond to the complainant within 15 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 15 days’ time limit will be construed as your implicit consent to disclosure of your name and contact information by Crio to the complainant.

Organisation Accounts

When you sign up for an account for your organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organisation account. If your organisation’s account is created and configured on your behalf by a third party, such third party has likely assumed the administrator role for your organisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organisation account. You are responsible for i) ensuring confidentiality of your organisation account password, ii) appointing competent individuals as administrators for managing your organisation account, and iii) ensuring that all activities that occur in connection with your organisation account comply with this Agreement. You understand that we are not responsible for account administration and internal management of the Services for you. You are responsible for taking the necessary steps for ensuring that your organisation does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to contact@crio.digital, provided that the process is acceptable to us. In the absence of any specified administrator account recovery process, we may provide control of an administrator account to an individual providing proof satisfactory to us demonstrating authorisation to act on behalf of the organisation. You agree not to hold us liable for the consequences of any action taken by us in good faith in this regard.

Restriction on Use

You must validate your email to use our Services.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
All content provided by Crio is owned by Crio, you are not allowed to change, alter, modify, adapt, translate, reverse engineer, decompile, disassemble, resell or redistribute, create derivative works, create a similar/competitive platform with works based on the content provided by Crio.
You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of any other user.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, AADHAAR number or social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your content.
You are solely responsible for your interactions with other users of the Service, whether online or offline.
You agree that Crio is not responsible or liable for the conduct of any user.
Crio reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
You must not change, modify, adapt or alter the Service or change, modify or alter another website to falsely imply that it is associated with the Service.
You must not create or submit unwanted comments, likes or other forms of spam communications to other users.
You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Crio page is rendered or displayed in a user’s browser or device.

General Conditions

Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. Although it is Crio’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Responsibility over your content

You may publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication by other users. Any content that you make public will be publicly accessible through the Internet and may be crawled and indexed by the search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from the Services or other users of the Services, is provided to you for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the consent of the person who owns the rights to such content, which may be Crio or given through the Crio website. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Crio will have the right to block access to or remove such content made available by you if Crio receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Crio for this purpose. For procedure relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, please contact us at contact@crio.digital

Copyright infringements

We may, at its discretion, disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Crio will respond to any claims of copyright infringement committed using the Crio website or our apps that are reported to contact@crio.digital . If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Crio website or our apps by sending email to contact@crio.digital.

Images & Icons Licenses

When you search for images that are 100% royalty-free, the results are from Pixabay, Unsplash, Pexels and OpenClipart under the creative commons zero license, which means you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer (although attribution is always recommended). Although rigorous standards are upheld to ensure that all images and icons adhere to the Creative Commons CC0 licensing terms, usage of images and icons on the services are provided on an “as-is, where-is” basis without any representations or warranties whatsoever.

Free & Premium Templates Licenses

All content provided by Crio is owned by Crio and is made available to you on temporary basis (one month/28 days). If you wish to modify the content with uploaded fonts, images, icons or written textual content, you must contact us at contact@crio.digital to get rights to use such content.

Imported PDFs Copyrighted Content

If you are using layouts, fonts, textual content, icons, logos, or images that had been embedded into a PDF you imported into our Services, you must accept that you are legally allowed to use such content.

User Rights

You grant Crio permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for providing the Services to you.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Crio may place such advertising and promotions on the Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
The Crio name and logo are trademarks of Crio Digital Pvt. Ltd., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Crio.
Except for content you provide to us, all materials therein or transferred thereby, including are the exclusive property of Crio.
Any URL selected from our platform must be the same or as similar as possible to your company domain. If you choose a generic word for your URL, we reserve the right to reassign or charge for that URL.

Other Important Information

License to use our Services:

Subject to the provisions in the Terms, Crio grants you a non-exclusive, non-transferable, non-sub licensable, limited license to use the Crio website and the Services.

Disclaimers

While Crio attempts to make user-generated content available through the Service, Crio does not guarantee access to or hosting of, your user-generated content. For example, if user-generated content violates these Terms of Service, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily disabled. You agree that Crio will not be liable to you or to any third party for termination of your access to the Service for any reason. While Crio attempts to make the User Content completely safe, you, and not Crio, are solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You agree that Crio will not be liable to you or to any third party for any user who irregularly accesses your content. The Services and all included content are provided on an “as is” basis without warranty of any kind, whether expressed or implied. All user-generated content available through the Service is owned by their respective owners and Crio is not responsible in any manner for that content. CRIO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Indemnification

You agree to indemnify and hold Crio and/or the Crio Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Crio and/or the Crio Affiliates in connection with any claim arising out of your breach of the Agreement. Crio reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will be solely responsible and liable for, and will indemnify Crio and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from content made available through the Service by you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CRIO’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) or INR 7,800.

Arbitration

In the event of a dispute between the Parties, either Party may call a meeting on providing the other Party with not less than seven working days’ notice. Such Initial Meeting may be in person if convenient for both Parties otherwise shall be by way of telephone call or other format as is convenient. If (i) the dispute is not settled by negotiation within thirty (30) days commencing on the date when either Party requests a meeting in accordance with the previous paragraph or within such further period as the Parties may agree in writing and (ii) the applicable law does not restrict the arbitration of the dispute, the Parties agrees to settle the dispute by binding arbitration in accordance with the Resolution Institute Arbitration Rules. Unless the Parties agree upon an arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing law

These terms shall be governed by the laws of the state of Delhi, India.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crio without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Sever-ability

These Terms, together with the ::Privacy Policy:: and any amendments and any additional agreements you may enter into with Crio in connection with the Products, shall constitute the entire agreement between you and Crio concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Crio’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Modification of Terms of Service

We may modify the Terms upon no notice to you at any time. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you may terminate your use by deactivating or deleting your account. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.