Terms of Service

These Terms of Use (“Terms”) govern the access or use by you, an individual (hereinafter referred to as “You”, “Your” or “User”), of applications, websites www.crackle.tech (the “Platform”) made available Crackle Technologies PTE Limited (hereinafter referred to as ‘Crackle’, or ‘We‘, or ‘Us‘, or ‘Our’ or ‘Company’) a private limited liability company established in 2023, having its registered office at 200 Jalan Sultan #11-01 Textile Centre Singapore 199018. We value the trust You place in Us. That’s why, We maintain reasonable security standards for securing Your information.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

The Terms, read together with the Privacy Policy and Disclaimer, constitute a legal and binding agreement between the User and Us, enforceable under the relevant laws. By accepting the Terms, the user represents and warrants that they are at least 18 years ofage and have the right, authority, and legal capacity to enter into this agreement.

  1. THE SERVICES
    1. The services constitute a technology platform that enables (i) User to track, analyze, engage and optimize revenue, (ii) To operate a real-time, data driven automation platform for advertising, data management and yield optimization, facilitating the integration of third party providers of online advertising and data on one or more of the Publisher Sites, and (iii) aggregate and license data to third parties relating to the operation of such platform: (the “Service”).
  2. USER ACCOUNT, PASSWORD, AND SECURITY
    1. In order to access the Services on the Platform, You will have to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).
    2. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up to date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Us for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or We reserve the right to refuse any and all the Services, if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. We reserve the express right to refuse access to the Platform at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws.
    3. You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities that take place on Your Account. You agree to immediately notify Us of any unauthorised access of Your Account. You may be held liable to pay damages for losses caused due to unauthorised use of Your Account as a result of Your failure to keep Your Account information secure and confidential.
  3. YOUR CONTENT
    1. Content that You post using our Services is Your content (“User Content”). You retain ownership of any intellectual property rights that you hold in the User Content.
    2. You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
    3. You grant us consent to continue to publish all or part of User Content even if you change Your mind and want Us to remove it and/or You are no longer registered with the Platform and use all or part of your Content in promoting Our products and services, modify User Content in any way at our sole discretion.
    4. You acknowledge that We are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
    5. By uploading or submitting User Content to the Platform, You warrant and represent that You are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, You warrant that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms.
    6. You warrant and represent that your Content will not be inappropriate. Without limitation, Content will be considered inappropriate if:
      1. It is defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful;
      2. It is in breach of confidentiality or another person’s privacy;
      3. It prejudices any active legal proceedings of which You are aware;
      4. It contains accusations of impropriety or personal criticism of Our staff;
      5. It infringes any intellectual property rights proprietary to Us or any other third party;
      6. It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
      7. It advertises or promotes any product or service or makes any requests for donations or financial support;
      8. It is spam or junk content;
      9. It impersonates another person or otherwise misrepresents your identity, affiliation or status;
      10. It would be considered a criminal offence, or gives rise to civil liability, or is otherwise unlawful; and/or
      11. is in breach of these Terms.
  4. USE OF PLATFORM
    1. Subject to compliance with the Terms, Crackle hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users.
    2. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Us. You shall not use any deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
    3. You agree not to attempt to gain unauthorised access to the Platform, the server on which the Platform is hosted or any server, computer or database connected to the Platform or to attack the Platform via a denial of service attack.
    4. Crackle may reject, remove, or limit visibility of any User Content, and Crackle may disable any account or restrict your ability to use all or parts of the Platform, for any or no reason without notice. Although Crackle may indicate why User Content, or an account has been removed or disabled. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.
  5. TERMINATION OF ACCESS
    1. Crackle reserves the right to immediately block any IP address from accessing the Platform with or without any reason and prior notice. Crackle can make this decision at its sole discretion and shall not be liable in any manner whatsoever to any User or third party.
    2. Without prejudice to Our general right to terminate access to the Platform, termination can also be carried out if:
      1. The User breaches or deviates from these Terms.
      2. Law enforcement or other government agencies make a request.
      3. Unexpected technical issues or problems occur.
  6. INTELLECTUAL PROPERTY RIGHTS
    1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is licensed to Crackle and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
    2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the licensed property of Crackle or owned by third parties. You are not permitted to use the Marks without the prior consent of Crackle or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.
  7. YOUR PRIVACY
    1. Our Privacy Policy details how Your information is collected, used and shared when You use our Services. By using Our Services, You are also agreeing that we can process your information as detailed in the Privacy Policy.
  8. COOKIE POLICY
    1. We may use information collected from our cookies to identify user behaviour and to serve content and offers based on your profile, and for the other purposes, to the extent legally permissible in certain jurisdictions. In other cases, We can associate cookie information (including information from cookies placed via our advertisements on third party sites) with an identifiable individual.
    2. We may combine data from publicly available sources, and from Our different e-mail, Platform, and personal interactions with You. We combine this data to better assess Your experience with Crackle and to perform the other activities described throughout Our Privacy Policy.
    3. The cookies used by Crackle have been categorized below:
      Category Description
      Strictly-Necessary Cookies These cookies are essential in order to enable You to move around the site and use its features, such as accessing secure areas of the site. Without these cookies, services You have asked for cannot be provided.
      First Party Analytics Cookies These cookies allow Us to employ data analytics so We can measure and improve the performance of Our site and provide more relevant content to You. These cookies don’t collect information that identifies a visitor down to an individual level that is available to Us. These cookies are not passing personally identifiable information to any external third party other than in limited cases when We engage a service provider to act on Our behalf but who is then unable to use the data for their own purposes.
      Performance Cookies Performance cookies are generally third-party cookies from vendors We work with or who work on Our behalf that collect information about Your visit and use of the Crackle website, for instance which pages You visit the most often, and if You get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is anonymous and is only used to improve how the website works. Third party vendors may have access to this data and may use it to improve their overall services and offerings.
      Functionality Cookies These cookies allow a site to remember choices you make (such as your username, language or the region You are in) and provide more enhanced, personal features.These cookies cannot track Your browsing activity on other websites. They don’t gather any information about You that could be used for advertising or remembering where You’ve been on the Internet outside our site.
      Advertising and Social Media Cookies Advertising and social media cookies (including web beacons and other tracking and storage technologies) are used to (1) deliver advertisements more relevant to You and your interests; (2) limit the number of times You see an advertisement; (3) help measure the effectiveness of the advertising campaign; (4) retargeting to Accenture websites/information and (5) understand people’s behaviour after they view an advertisement.They are usually placed on behalf of advertising networks with the site operator’s permission. They remember that You have visited a site and quite often they will be linked to site functionality provided by the other organization. This may impact the content and messages you see on other websites you visit.
    4. You can adjust Your cookie settings through the Privacy Settings feature. If you want to remove existing cookies from your device, You can do this using Your browser options.
  9. LIMITATION OF LIABILITY
    1. To the fullest extent permitted by law, under no circumstances shall Crackle, be liable to for claims including but not limited to a) any person on account of that person’s use or misuse of or reliance on the Platform b) any unauthorised access to Your information or modification thereof c) behaviours of others on Our platform. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages or any loss of profits, revenue, interest, goodwill, loss or corruption of data or any loss of or interruption to the User’s business, whether such claim is based on warranty, contract, tort (including negligence), indemnity, or otherwise.
  10. INDEMNITY
    1. To the fullest extent allowed by law, the user will indemnify and hold us harmless from all damages, liabilities, settlements, expenses, fines, penalties, expenses, costs, and attorneys’ fees arising from or related to any claim or demand made by any third party due to or arising out of the User’s access to or use of the website, the user’s access to, creation of, or transmittal of any of the content, the user’s violation of these Terms, or the infringement by the user of any intellectual property or other rights of any person or entity.
  11. JURISDICTION
    1. These Terms are governed by the laws of Singapore without giving effect to any principles of conflicts of laws. For the purpose of these Terms, the courts of Singapore shall have exclusive jurisdiction.
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