Agreement to these terms
These Terms and Conditions apply to the Crottle app for mobile devices, together with any related services operated by Denys Samokhin (collectively, the “Application”). Denys Samokhin is referred to as the “Service Provider”.
By downloading or using the Application, you agree to these Terms and Conditions. Please read them carefully before using the Application.
License to use the Application
Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a mobile device for personal or internal business purposes.
You may not reproduce, distribute, modify, create derivative works from, reverse engineer, decompile, or disassemble the Application except to the extent expressly permitted by applicable law.
Intellectual property
The Service Provider retains all intellectual property rights in the Application, including its code, design, trademarks, service marks, trade names, logos, branding, copyrights, and database rights. These Terms do not grant you a right to use the Service Provider’s trademarks, logos, or branding.
You may not remove or obscure proprietary notices, copy or modify any part of the Application, extract its source code, translate it, or create derivative versions except where applicable law expressly permits it.
Eligibility and device security
You represent that you are legally permitted to use the Application in your jurisdiction. You must be at least 16 years old, or the applicable age of digital consent in your jurisdiction. If you are younger, a parent or legal guardian must review and accept these Terms on your behalf.
You are responsible for maintaining the security of your mobile device and access to the Application. Jailbreaking or rooting your device may expose it to malware, compromise security features, and prevent the Application from working correctly.
User-generated content and acceptable use
If the Application allows you to post, share, or upload content, you must not submit content that:
- Is illegal or infringes third-party intellectual property rights
- Is abusive, threatening, harassing, defamatory, discriminatory, or hateful
- Incites violence or illegal activity
- Is spam, phishing, or contains malware
- Violates another person’s privacy or personal-data rights
- Is misleading, false, or deceptive
- Contains explicit violence or sexual content unless appropriately age-gated
The Service Provider may:
- Remove, restrict, filter, or hide content that violates these Terms, applicable law, or these guidelines
- Suspend or terminate accounts belonging to repeat violators
- Cooperate with law enforcement where illegal content is reported
Submitted content may be visible to other users or the public, depending on the Application’s functionality. You can report unlawful, infringing, or otherwise prohibited content at support@crottle.madebyds.com with enough information to identify the content and evaluate the complaint. Where available, you may also use in-app reporting, blocking, and muting tools.
The Service Provider may review reports, request additional information, restrict content, and act against responsible accounts. Affected users may request further review by contacting support@crottle.madebyds.com. Appeals will be handled within a reasonable period, with reasons provided for upheld moderation decisions where permitted by law.
By submitting content, you grant the Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works from, display, and perform that content in connection with the Application and its business. This does not permit independent sale or sublicensing of your content. You represent that you control the necessary rights and that the content complies with these Terms and applicable law.
Personal data contained in user-generated content is governed by the Privacy Policy. Do not post another person’s personal data without consent.
Application changes and charges
The Service Provider aims to keep the Application beneficial and efficient and may modify it or charge for services at any time. Any charges will be clearly communicated.
Operating-system requirements may change. You may need to download updates to continue using the Application. The Service Provider does not guarantee ongoing compatibility with every operating-system version and may stop supporting earlier versions if you decline updates.
The Service Provider may stop providing the Application and terminate its use. Unless stated otherwise, your rights and licenses will end and you must stop using and, where necessary, delete the Application.
Third-party services
The Application uses third-party services subject to their own terms:
Some functions require an active internet connection. The Service Provider is not responsible for reduced functionality caused by a lack of Wi-Fi, exhausted data allowance, or an uncharged device.
Your mobile provider’s terms continue to apply outside Wi-Fi. You are responsible for data, roaming, and other third-party charges and confirm that you have the bill payer’s permission if you do not pay the device’s bill.
Termination
If you materially breach these Terms, the Service Provider may suspend access after written notice. Where the breach can be remedied, you will have 14 days after receiving notice to do so. Failure to cure the breach may result in termination.
Access may be suspended or terminated immediately without notice if you violate applicable law, infringe intellectual property rights, or engage in activity that could harm other users or the Service Provider. Upon termination, your right to use the Application ends and you must delete all copies from your devices.
Limitation of liability
Nothing in these Terms limits rights under applicable consumer-protection laws that cannot lawfully be excluded. To the fullest extent permitted by law, the Service Provider is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.
The Service Provider retains full liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited by law
To the fullest extent permitted by law, total liability for any claim will not exceed the amount you paid for the Application during the 12 months before the claim, or the minimum required by law, whichever is greater. If the Application is free, liability is limited to the lawful minimum.
The Service Provider accepts no liability for loss caused by relying entirely on third-party information supplied through the Application or for inaccuracies in third-party content.
Indemnification
To the fullest extent permitted by law, you agree to indemnify the Service Provider and its affiliates, officers, directors, employees, and agents against claims, liabilities, damages, losses, and reasonable legal fees arising directly from your breach of these Terms or intentional misuse of the Application, including prohibited user-generated content.
This does not apply to claims arising from the Service Provider’s negligence, breach of these Terms, or violation of law. Where consumer indemnification is restricted, this clause applies only to the maximum lawful extent.
Governing law and jurisdiction
These Terms are governed by the laws of the jurisdiction where the Service Provider is established, excluding conflict-of-law rules, except where mandatory consumer-protection laws provide otherwise.
Disputes will be brought before courts having jurisdiction under applicable law. This does not limit your right to bring a claim in any court competent under mandatory law.
Digital Services Act
If the Application is an intermediary service under Regulation (EU) 2022/2065 (the “DSA”), these provisions apply in addition to the terms above.
Point of contact
EU authorities and service recipients may contact the Service Provider at support@crottle.madebyds.com. Where the Service Provider is established outside the EU, a legal representative has been designated under Article 13 of the DSA.
Content moderation and reasons
When content is restricted, an account is suspended or terminated, or features are limited, the affected user will receive a clear statement of reasons describing the restriction, its legal or contractual basis, and available redress mechanisms, in accordance with Article 17.
Notice and action
Notices of allegedly illegal content may be submitted using the contact details in these Terms. Notices will be processed promptly and diligently, with human review where required. Receipt will be acknowledged electronically and decisions communicated without undue delay under Article 16.
Dispute settlement and transparency
Eligible moderation disputes may be submitted to a certified out-of-court dispute-settlement body under Article 21 without affecting the right to judicial remedy. The Service Provider will engage in good faith.
Periodic transparency reports covering moderation activity, notices, actions, and automated means are available upon request at support@crottle.madebyds.com in accordance with Article 24. These DSA provisions apply only to the extent the Application qualifies as an intermediary service and do not replace consumer or data-protection rights.
Severability and entire agreement
If a court finds a provision invalid, illegal, or unenforceable, it will be modified only as much as necessary to make it valid and enforceable. The remaining provisions continue in full force.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Service Provider concerning the Application and replace prior agreements or understandings.
Changes to these terms
The Service Provider may update these Terms periodically. Changes will be posted on this page, which you should review regularly. Previous versions are available upon request at support@crottle.madebyds.com.
QUESTIONS ABOUT THESE TERMS?
Contact us
If you have questions or suggestions about these Terms and Conditions, contact the Service Provider.
support@crottle.madebyds.com