These Terms of Service (“Terms”) govern your (“you”, “user”) access to and use of our Services, including our website (the „Site“), the Crowd software („Crowd App“), APIs, and other products and services provided on the Site (all of the foregoing, collectively, the „Service“ or “Crowd”).  Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “User”, „You“ or „Your“ shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.

You may not access our Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. In addition to that, you may not reverse engineer or analyze any parts of our Service.

This Agreement was last updated on Jan 18, 2016.

Crowd is an app and service provided by Gimalon AG (hereinafter the “Gimalon”) in Switzerland. By using Crowd the user (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.

Basic Terms

  1. Crowd is made available to the user free of charge. Some features of Crowd, however, may only be available via subscription or purchase with costs. In order to use all features of Crowd, the registration of a user account with a valid and verified mobile phone number as well as access to the Internet may be necessary.
  2. Crowd is partially provided via App Stores and their associated infrastructure, for example the Apple App Store and the Google Play Store. The user shall use such App Stores independently from Gimalon, and the respective terms of use shall apply.
  3. For some features, Crowd will have to access to or process or store private information of the user. See our privacy section for more information.
  4. Crowd allows for sending messages between Crowd users and third parties, including email messages, push notifications or SMS. The user expressly agrees to receive such messages. The user agrees not to send any messages via Crowd that violate the laws and agrees not to cause others to send such messages. Gimalon shall be entitled to contact the user with messages via Crowd, SMS, Push Notifications or email at any time.
  5. With regard to user-generated content subject to intellectual property rights, the user shall expressly grant Gimalon a royalty-free, sublicensable, non-exclusive and worldwide license to use such content in connection with Crowd subject to mandatory legal provisions.
  6. Gimalon will not tolerate objectionable content uploaded to Crowd. Crowd respects the rights of others and you should do the same. Our users must not post or send objectionable content that violates other’s rights; bullies, harasses, intimidates, or defames others; or spams or solicits Crowd’s users. If you do send objectionable content, be prepared to be banned from Crowd. If somebody sends you objectionable content, you can either report the other user within the app (just click on the user’s picture to get to the respective profile page), or send us an email with details to hello@crowd.im.
  7. Gimalon shall endeavour to ensure a high availability and reliability of Crowd (“best effort”). However, Gimalon can expressly not guarantee that Crowd or individual features of Crowd are continuously, at any time and/or completely available. Gimalon recommends the user to ensure a regular data backup of his/her smartphone including Crowd
  8. The user shall not be entitled to use Crowd. Gimalon may discontinue its providing of Crowd or exclude the user from using Crowd at any time without stating any reasons. Gimalon may change Crowd at any time without stating any reasons, in particular with regard to paid functionalities, if any.

Privacy

  1. Gimalon and Crowd shall be subject to Swiss data privacy laws.
  2. How Gimalon receives, collects and uses information about you, from your use of the Service in general, including Personal Information, is more fully described in the Crowd Privacy Policy.
  3. By using the Service, you understand and agree that we may collect, use, transfer, share and store Personal Information as described in the Crowd Privacy Policy

Liability

  1. Subject to mandatory legal provisions, Gimalon shall not assume any liability for direct or indirect damage caused by the use of Crowd or in connection with Crowd
  2. In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the user shall expressly indemnify Gimalon from any liability and shall be liable for damages vis-à-vis Gimalon to the full extent.

General Terms

  1. Gimalon may change these terms of use at any time.The user will be informed about such changes in a suitable manner. The user may discontinue the use of Crowd at any time. By continuing the use of Crowd after changes of these terms of use have been notified, the user shall expressly consent to such changes.
  2. Subject to mandatory legal provisions, the use of Crowd shall be exclusively governed by Swiss laws with Zurich (Switzerland) being the exclusive place of jurisdiction.