PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
Effective Date: February 27, 2023
You are about to become Citizen of CrunchDAO a service proposed by Datacrunch. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us. These Terms of Use (the “Terms”) are a binding contract between you and Datacrunch. Datacrunch, will hereafter be referred to as CrunchDAO. (“CrunchDAO,” “we” and “us”). CrunchDAO is organized under the laws of France, and has offices located at 10 rue de Penthièvre 75008 Paris, France under the business registration licence number 883432205. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. In these Terms, the words “include” or “including” mean “including but not limited to”, and examples are for illustration purposes and are not limiting.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.crunchdao.com website, by sending you an email, or by some other means. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
CrunchDAO takes the privacy of its users very seriously. For the current CrunchDAO Privacy Policy, please click here.
You may be required to sign up for an account, and select a password and login (“CrunchDAO User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your CrunchDAO User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You also may not have, control, or operate under more than one active CrunchDAO account or CrunchDAO User ID. If we determine that you have, control, or are operating under more than one CrunchDAO account or CrunchDAO User ID, we may take action without notice, including banning your user account, revoking access to your CrunchDAO User ID, and disqualifying you from any ongoing Competition(s).
If you are not of legal age to form a binding contract, please see “Our Commitment to Children’s Privacy” in the Privacy Policy and contact us at CrunchDAO Support for more information on the parental consent process.
If you’re agreeing to these Terms on behalf of an organization or
entity, you represent and warrant that you are authorized to agree to
these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the
references to “you” and “your” in these Terms,
except for in this sentence, refer to that organization or entity), but
you are still required to sign up each individual user from your
organization with a CrunchDAO User ID. You are not allowed to allow
multiple individuals to operate under one CrunchDAO User ID, even if you
are an organization or entity.
You will only use the Services for
your own internal, personal, non-commercial use, and not on behalf of or
for the benefit of any third party, and only in a manner that complies
with all laws that apply to you. If your use of the Services is prohibited
by applicable laws, then you aren’t authorized to use the Services.
We are not responsible if you use the Services in a way that breaks the
law.
You will keep all your registration information accurate and current. You will not share your account, password or API key with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Yes. You represent, warrant, and agree that you will not contribute any Content or Participant Submission or otherwise use the Services or interact with the Services in a manner that:
Without limitation to any other remedies available to CrunchDAO, a violation of any of the foregoing is grounds for termination of your right to use or access the Services. We reserve the right to remove any Content or Participant Submissions from the Services at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), and without notice.
The materials displayed or performed or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, and Participant Submissions (collectively, the “Content”), are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including CrunchDAO’s) rights.
You understand that CrunchDAO owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply — they do!
If you’re an EEA-based consumer of digital content or services and you’ve agreed to these Terms, then EEA consumer laws provide you with a legal guarantee. Under this guarantee, we’re liable for any lack of conformity that you discover:
Your national laws may provide an even longer guarantee. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide. If you want to make a guarantee claim, please contact customer support crew@crunchdao.com.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
The Services may contain links, information or connections to third party websites or services that are not owned or controlled by CrunchDAO. When you access third party websites or engage with third party services, you accept that there are risks in doing so, and that CrunchDAO is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and privacy policy of each third party website or service that you visit or utilize.
CrunchDAO has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, CrunchDAO will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CrunchDAO will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that CrunchDAO is under no obligation to become involved. If you have a dispute with one or more other users, you release CrunchDAO, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services. If you are a California resident, you are expressly waiving California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Subject to these Terms and any contract with CrunchDAO, a user may post challenge on the Services (“Competition”) for other users to participate in such Competitions. Competitions are open to residents of the United States and worldwide, except if you are a resident of Russia, Crimea, so-called Donetsk People's Republic (DNR) or Luhansk People's Republic (LNR), Cuba, Iran, Syria, North Korea, or any other place prohibited by law you may not enter any Competition. Certain Competitions may also have further geographic or age restrictions and be open only to residents of certain countries.
If you would like to host a Competition on CrunchDAO, go to https://www.crunchdao.com/. Competitions are run according to rules that describe participation guidelines, the data set(s) to be used by the Participant Users, the criteria used by the Host User to select a winner of the Competition (the “Metric”), the prize awarded to such winner, and when such prize will be awarded. Such rules and selection criteria must comply with all applicable laws and these Terms (collectively, “Competition Rules”). Such Competition Rules will also include the rights the Host User will be granted in such Competition Entry upon selecting such Competition Entry as the winner (“Winning Entry”). The Host User will be granted rights in the Competition Entry only if the winner accepts payment of the prize. Certain rights granted in the Competition Entries and Winning Entries are described in Section 9 (Do I have to grant any licenses to CrunchDAO or to other users?) below. The Competition Rules may impose additional restrictions or requirements for Competitions.
The Host User must conspicuously display the Metric within the
Competition Rules. The Host User must select an objective Metric and must
apply that Metric impartially to each Team’s (defined below)
selected entries. In selecting a winner, the Host User must apply the
Metric and select the Participant Users with the best rankings based on
the Metric.
The Host User and each Participant User will comply with
all Competition Rules. The Host User (including any user from Host
User’s organization) may not compete in its hosted Competition nor
cancel a Competition without first contacting us and receiving our consent
to such cancellation. Any participation by a Host User (or any user from
Host User’s organization) in its hosted Competitions is done so on
an ineligible basis (e.g. they cannot receive a prize) and will not
otherwise affect the selection of the Winning Entry.
Subject to the Competition Rules, Participant Users may collaborate as a team as long as each such Participant User confirms its team membership through the Service and does not participate on more than one team for a specific Competition (“Team”). To be clear, you may not participate on more than one team per Competition. Subject to the Competition Rules, Teams may, however, merge with other Teams, but the merged Team will be responsible for all past entries by the component Teams. If your Team wins a Competition, the prize for winning will be distributed equally amongst the members of the winning Team, unless we receive identical requests for unequal prize splits from every member of the Team.
You may be a Host User or a Participant User for a specific Competition
(but not both!). A Competition creates a direct relationship between a
Host User and a Participant User, and CrunchDAO will have no liability for
any actions or content of a Host User or a Participant User. CrunchDAO may
provide a Host User with a template for the Competition Rules, but such
template is provided without any warranty whatsoever and the Host User is
solely responsible for its Competition Rules. It is the sole
responsibility of the Host User to ensure that the Competition Rules
comply with applicable law.
You acknowledge and agree that CrunchDAO
may, without any liability but without any obligation to do so, remove or
disqualify a Participant User, a Host User or a Competition if CrunchDAO
believes that such Participant User, Competition or Host User are in
violation these Terms or otherwise pose a risk to CrunchDAO, the Service
or another user of the Service.
Regardless of anything to the contrary, Participant Users acknowledge and agree that CrunchDAO and Host Users have no obligation to hold a Competition Entry in confidence or otherwise restrict their activities based on receipt of such Competition Entry. CrunchDAO has no obligation to become involved in disputes between users (for example, between a Participant User and a Host User) or between users and any third party relating the use of the Services. Except for CrunchDAO hosted Competitions, CrunchDAO does not oversee Competitions (including the selection of Winning Entries) and does not endorse any content users submit to the Services.
When you host or participate in a Competition, you release CrunchDAO from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access or submit via the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
In this section, Participant Submissions are defined as solutions submitted by the participants at the date of submission set by the Competition Rules. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Participant Submissions that are also your personal information. For all Participant Submissions, you grant CrunchDAO a license to enable us to operate the Services.
You acknowledge and agree that CrunchDAO, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Participant Submissions to conform and adapt those Participant Submissions to the technical requirements of communication networks, devices, services, or media, and the licenses you grant under these Terms include the rights to do so.
Regarding Participant Submission: the Participant owns the intellectual property rights on the content of his/her Submissions (e.g code). The participants grants to CrunchDAO from the moment she/he submits the Submission a non-exclusive, worldwide, royalty free license to use or otherwise exploit the above-mentioned content for the purpose of performing the Services, including the performance of the Tournament, and the forwarding of the Submission to the Organizing Company if this Submission is eligible for a reward as provided by the Competition Rules. This license granted to CrunchDAO can be terminated at any time, for any reason or even without any reason.
If you share a Participant Submission publicly on the Services or in a
manner that allows more than just you or certain specified users to view
it, then you grant CrunchDAO the license stated in the second paragraph of
this Section 9, as well as a license to display, perform, and distribute
your Public Participant Submission for the purpose of making that Public
Participant Submission accessible to all CrunchDAO users and providing the
Services necessary to do so, as well as all other rights necessary to use
and exercise all rights in that Public Participant Submission in
connection with the Services for any purpose. Also, you grant all other
users of the Services a license to access that Public Participant
Submission, and to use and exercise all rights in it, as permitted by the
functionality of the Services.
CrunchDAO will have no liability
regarding the applicable Competition, Content or Participant Submissions
and these Terms will apply, except if you and CrunchDAO have executed a
separate written agreement governing competitions or services
("Existing Agreement"), in which case the Existing Agreement
will govern the Competition.
We’re always trying to improve the Services, so they may change
over time.
As part of the continual evolution of our Services, we
make modifications such as adding or removing features and
functionalities, increasing or decreasing usage limits, and offering new
digital content or services or discontinuing old ones. We may also change
our Service for these other reasons:
In particular, we sometimes make legally-required updates, which are modifications that keep digital content or services in conformity with the law. We make these updates to our Services, and goods for safety or security reasons, and to make sure they meet the quality standards that you expect, such as those described in our guarantee. We may automatically install updates that address significant safety or security risks. For other updates, you can choose whether you want them installed.
If a modification negatively affects your ability to access or use our Services, or if we stop offering a service all together, we’ll provide you with reasonable advance notice by email, including a description of the changes, when they’ll take place, and your right to end your contract with us if our modifications create more than a minor negative impact. We maintain a rigorous product research program, so before we change or stop offering a service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering services for valid reasons. We’ll also give you an opportunity to export your content from your Account at CrunchDAO Support, except in urgent situations such as preventing abuse or harm, responding to legal requirements, or addressing security and operability issues.
If you do not have any active Competitions that you are hosting, then you’re free to stop using the Service at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. If you are hosting active Competitions then you should complete the Competitions, in full, before you stop using the Services.
CrunchDAO is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. CrunchDAO has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
Account termination may result in destruction of any Content associated
with your account, so keep that in mind before you decide to terminate
your account.
Provisions that, by their nature, should survive
termination of these Terms will survive termination. By way of example,
all of the following will survive termination: any obligation you have to
pay us or indemnify us, any limitations on our liability, any terms
regarding ownership or intellectual property rights, and terms regarding
disputes between us.
Right of Withdrawal. If you’re an EEA-based consumer, then starting on May 28, 2022, you have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (crew@crunchdao.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
Warranty Disclaimer. Neither CrunchDAO nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from CrunchDAO or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY CRUNCHDAO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE) WILL CRUNCHDAO (OR ITS LICENSORS OR SUPPLIERS) BE
LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL OR
INCIDENTAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER
OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CRUNCHDAO IN CONNECTION
WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS
APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you will defend,
indemnify and hold CrunchDAO, its affiliates, officers, agents, employees,
and partners harmless from and against any and all claims, liabilities,
damages (actual and consequential), losses and expenses (including
attorneys’ fees) arising from or in any way related to any third
party claims (including from other users) relating to (a) your submissions
to the Services including any Content, Participant Submissions or
Competitions, (b) your use of the Services (including any actions taken by
a third party using your account), and (c) your violation of these
Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or
obligations hereunder, or your Services account, in any way (by operation
of law or otherwise) without CrunchDAO’s prior written consent. We
may transfer, assign, or delegate these Terms and our rights and
obligations without consent. About These Terms
These Terms control the relationship between CrunchDAO and you. They do
not create any third party beneficiary rights.
If you do not comply
with these Terms, and we don’t take action right away, this
doesn’t mean that we are giving up any rights that we may have (such
as taking action in the future).
If it turns out that a particular
term is not enforceable, this will not affect any other part of the
Terms.
The laws of France, will apply to any disputes arising out of
or relating to these Terms or the Services. All claims arising out of or
relating to these Terms or the Services will be litigated exclusively in
France and you and CrunchDAO consent to personal jurisdiction in those
courts.