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Terms of Service

Welcome to Crikk! Thank you for choosing to use Crikk, offered by Crikk Inc. (“Crikk,” “we,” or “us”). We provide our website at www.crikk.com, our hosted applications, and our mobile or downloadable applications (collectively referred to as the “Service”). These Terms of Service constitute a legally binding contract between you and Crikk regarding your use of the Service.

Agreement with Crikk
These terms create a legal agreement between you and Crikk. Crikk, not Apple nor Google, is solely responsible for the content within the app and all related products and services.

License and Usage Rights
We grant you a non-transferable license to use Crikk’s products, which include the Crikk Web for creating MP3 files and the Crikk App for reading text. This license applies to desktop computers and mobile devices that you own or control. If you are an Apple device user, this license adheres to the Usage Rules set forth in the Apple Media Services Terms and Conditions. However, the licensed application may be accessed and used by other accounts linked to the original purchaser.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, AND UNDERSTOOD, AND, AS A CONDITION OF YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CRIKK’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CRIKK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BOTH YOU AND CRIKK TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE:
Except for specific types of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND CRIKK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Crikk Service Overview

Crikk’s platform offers two main services: Crikk Web, which allows users to create MP3 files, and Crikk App, which is a text reader application similar to Speechify. Crikk enables users to convert written materials (such as documents, articles, or emails) into audio files that can be accessed on the go or on desktop software.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by them.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When registering, you may be required to provide information such as your name, email address, and other details. You agree to provide accurate and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, notify us immediately at support@crikk.com.

4. General Payment Terms

Crikk provides a range of account types, including a free account, a monthly plan, and a lifetime deal. This ensures users have flexibility in choosing the plan that best suits their needs.

Some features of the Service may require payment of fees. All fees are in U.S. Dollars. Payments are refundable for up to 24 hours, and non-refundable after, unless required by law.

4.1User Account Type
Crikk offers the following account options:

  • Lifetime Deal: A one-time payment for lifetime access to all features.
  • Free Account: Register with no credit card required for basic access.
  • Monthly Plan: Access all features for a monthly subscription fee.

4.2. Price
Crikk reserves the right to determine pricing for the Service. Crikk will make reasonable efforts to keep pricing information published on the Service up to date. We recommend that you check our homepage periodically for the latest pricing information. Crikk may change fees for any feature of the Service by providing advance notice before changes take effect. Crikk may offer promotional deals with different pricing and features to different customers. These offers, unless made to you directly, will not apply to your agreement with Crikk.

4.3. Authorization
You authorize Crikk to charge all amounts for the orders and levels of Service you select, including all applicable taxes, to the payment method associated with your account. If paying by credit card, Crikk may seek pre-authorization to confirm the card is valid and has the necessary funds. Payment transactions may be processed by third-party payment processors like Stripe, Inc. (“Stripe”), or by the Google Play or Apple App stores (each an “App Store”). By making a payment through the Service, you agree to be bound by and subject to the payment processor’s terms of service and privacy policy. We reserve the right to refuse to process or complete any transaction and to cancel any transaction at our sole discretion.

4.4. Subscription Service
The Service may include subscription-based plans with recurring payments (“Subscription Service”). The “Subscription Billing Date” is the date you purchase your first subscription. The Subscription Service will begin on the Subscription Billing Date and continue for the selected period (the “Initial Subscription Period”), and automatically renew for the same period unless you cancel or we terminate it. By activating a Subscription Service, you authorize Crikk or its third-party payment processor to charge recurring fees until cancellation. You must cancel your subscription before the renewal date to avoid charges for the next period. If you signed up via our website, you can cancel through the web app at app.crikk.com by accessing “Settings.” If you signed up through an App Store, you can cancel via the App Store’s subscription management page. You may also contact support at support@crikk.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE TO AVOID CHARGES FOR THE NEXT PERIOD.

4.5. Delinquent Accounts
Crikk may suspend or terminate access to the Service for any account with unpaid fees. In addition to any due amounts, delinquent accounts may be charged fees related to collection, including chargeback fees. Suppose your payment method is no longer valid at the time of a renewal fee. In that case, Crikk reserves the right to delete your account and any related information or content without liability.

Payment Terms
Users can select from the following payment options:

  • Free Account: No payment is required.
  • Monthly Plan: Billed monthly at $14
  • Lifetime Deal: Pay $127 once for lifetime access with no recurring fees.

5. Licenses

5.1. Limited License
Subject to your complete and ongoing compliance with these Terms, Crikk grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service on a mobile device that you own or control; and (b) access and use the Service solely for your personal, non-commercial use.

5.2. License Restrictions
Except to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If the applicable law prohibits your use of the Service, you may not use it.

5.3. Feedback
We value and appreciate feedback from our users. Suppose you provide input or suggestions regarding existing features, issues, or proposed modifications or improvements to the Service (“Feedback”), you grant Crikk an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use the Feedback in any manner and for any purpose, including improving the Service and creating new products or features. Crikk is not obligated to provide you with attribution for any Feedback you provide.

6. Ownership; Proprietary Rights

The Service is owned and operated by Crikk. All visual interfaces, graphics, designs, compilations, information, data, computer code (including source code and object code), products, software, services, and other elements provided by Crikk (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Crikk or its third-party licensors. Except as expressly authorized by Crikk, you may not use the Materials. No rights or licenses are implied in these Terms, and Crikk reserves all rights to the Materials not expressly granted in these Terms.

7. Third-Party Terms

7.1. Third-Party Services and Linked Websites
Crikk may offer tools within the Service to export information, including user-generated content, to third-party services, such as features allowing you to share content through links on platforms like Twitter or Facebook. By using these tools, you authorize Crikk to transfer this information to the third-party service. Crikk is not responsible for any third-party service’s use of your exported information to the fullest extent permitted by law. The Service may also contain links to third-party websites. Linked websites are not under Crikk’s control, and Crikk is not responsible for their content. It is important to review the terms of use and privacy policies of third-party services before sharing any content or information with them. Once shared, Crikk has no control over how your information is handled.

7.2. Third-Party Software
The Service may include or integrate third-party software components that are typically available for free under licenses granting recipients broad rights to copy, modify, and distribute them (“Third-Party Components”). Although the Service is governed by these Terms, nothing within these Terms restricts or is intended to restrict you from obtaining and using Third-Party Components under their applicable third-party licenses.

8. User Content

8.1. User Content Generally
Certain features of the Service may allow users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service. This content may include messages, documents, text, links, emails, reviews, photos, videos, audio (including sound or voice recordings and musical recordings), images, data, and any other works or materials (“User Content”). You retain any copyright and other proprietary rights you hold in your User Content, subject to the licenses granted in these Terms.

8.2. Limited License Grant to Crikk
By Posting User Content to or through the Service, you grant Crikk a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers) to host, store, transfer, reproduce, modify for formatting and display, format for audio, create derivative works as authorized in these Terms, and distribute your User Content in audio and text format. You agree to pay all amounts due to any person or entity resulting from Posting your User Content and Crikk’s use of the license provided in this section.

8.3. Specific Rules for Photographs and Images
If you Post a photograph or image to the Service that includes one or more persons, you hereby grant these individuals and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter. This license does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell the image on a standalone basis or as part of any product.

8.4. Rights to Content You Post; User Content Representations and Warranties
You must not Post User Content if you are not the owner or do not have full authorization to grant rights for all elements of that User Content. Crikk disclaims all liability related to User Content. You are solely responsible for your User Content and the consequences of providing it via the Service. By Posting User Content through the Service, you affirm, represent, and warrant to Crikk that:
(a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Crikk and other users of the Service to use and distribute your User Content as required to fulfill the licenses granted by you in this Section, in the manner contemplated by Crikk, the Service, and these Terms.
(b) Your User Content and its Posting or other use as contemplated by these Terms does not and will not:

  • Infringe, violate, misappropriate, or otherwise breach any third-party rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or other intellectual property, contract, or proprietary rights;
  • Slander, defame, libel, or violate the privacy, publicity, or other rights of any other person;
  • Cause Crikk to violate any law or regulation, or require Crikk to obtain additional licenses or pay any royalties, fees, compensation, or other amounts to third parties or provide any attribution.
    (c) Your User Content could not be considered objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate by a reasonable person.

8.5. User Content Disclaimer
Crikk is under no obligation to edit or control User Content that you or other users Post, and will not be responsible or liable for any User Content. However, Crikk may, at any time and without prior notice, screen, remove, edit, or block any User Content that, in its sole judgment, violates these Terms, infringes on the rights of third parties, or is otherwise objectionable. You understand that when using the Service, you may encounter User Content from a variety of sources and acknowledge that some of this content could be inaccurate, offensive, indecent, or otherwise objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Crikk with respect to User Content. If notified by a user or content owner that User Content allegedly violates these Terms, Crikk may investigate and determine in its sole discretion whether to remove the User Content, without notice. Crikk does not permit infringing activities on the Service.

8.6. Monitoring Content
Crikk does not control and has no obligation to monitor: (a) User Content; (b) content provided by third parties; or (c) the use of the Service by its users. However, Crikk reserves the right to monitor any and all information transmitted or received through the Service for operational and other purposes. You acknowledge and agree to this right. If Crikk chooses to monitor the content, it still assumes no responsibility or liability for any content or any losses or damages resulting from the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with Crikk’s Privacy Policy. Crikk may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without liability to the user who Posted such content or to other users of the Service.

9. Communications

9.1. Push Notifications
By installing our app on your mobile device, you agree to receive push notifications. These notifications are messages sent to your device even when you are not actively using the app. You can disable these notifications by adjusting your device’s settings.

9.2. Email
We may send you emails regarding our products, services, and those of third parties. You can opt-out of promotional emails by following the unsubscribe instructions provided in the email.

10. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

10.1 Use the Service for any unlawful purpose or in violation of local, state, national, or international laws;
10.2 Harass, threaten, demean, embarrass, bully, or harm any other user;
10.3 Violate or provide instructions on how to violate any third-party rights, including infringement or misappropriation of intellectual property rights;
10.4 Access, search, or use any part of the Service using engines, software, or tools other than those provided by Crikk;
10.5 Interfere with security features of the Service by: (i) circumventing measures that prevent copying or use of content; or (ii) reverse engineering to discover source code, except where expressly allowed by law;
10.6 Interfere with the Service or user experience by: (i) uploading malicious software or code; (ii) making unsolicited offers or advertisements; (iii) collecting personal information without consent; or (iv) disrupting any network or equipment connected to the Service;
10.7 Perform fraudulent activities like impersonation, false affiliations, or accessing other accounts without permission;
10.8 Sell or transfer the rights granted under these Terms, the Materials, or any related rights to use or access the Materials;
10.9 Attempt or assist anyone in performing any prohibited actions listed in this Section.

11. Intellectual Property Rights Protection

11.1. Respect for Third-Party Rights
Crikk respects third-party intellectual property (IP) rights and requires users to do the same. Infringing activities will not be tolerated on the Service.

11.2. Procedure for Reporting Claimed Infringement
If you believe content on the Service infringes your intellectual property (IP) rights, you may submit a written “Notification of Claimed Infringement” to the Designated Agent. This notification must include:

  • (a) An electronic or physical signature of a person authorized to act on behalf of the IP owner;
  • (b) Identification of the copyrighted work or IP right that you claim has been infringed;
  • (c) Identification of the material that you claim is infringing and a link to where it is located on the Service;
  • (d) Your legal name and contact information (address, telephone number, and email address);
  • (e) A statement indicating a good faith belief that the material’s use is not authorized by the IP owner, its agent, or the law; and
  • (f) A statement affirming that the information in your notification is accurate and, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the IP rights.

You consent to Crikk sharing your notification with the user alleged to have infringed and with databases tracking infringement claims.

11.3. Counter Notification
If you receive a notification from Crikk that your material was removed or disabled due to a claimed infringement, you may submit a “Counter Notification” to the Designated Agent. A Counter Notification must include:

  • (a) Your legal name and contact information (address, telephone number, and email address);
  • (b) Your physical or electronic signature;
  • (c) Identification of the material removed or disabled and its previous location;
  • (d) A statement under penalty of perjury that you have a good faith belief that the removal or disabling was due to mistake or misidentification; and
  • (e) A statement that you consent to the jurisdiction of a Federal District Court in the district where your address is located, or any judicial district where Crikk may be found if outside the United States. You must also agree to accept service of process from the person who filed the Notification of Claimed Infringement or their agent.

Crikk advises you to consult a lawyer or review relevant laws, such as 17 U.S.C. § 512, to understand your obligations.

11.4. Reposting of Content Subject to a Counter Notification
Upon receiving a valid Counter Notification, Crikk will notify the person who submitted the original Notification of Claimed Infringement and inform them that the removed material will be restored in 10 to 14 business days. Crikk will replace the removed material or re-enable access unless it receives notice that the claimant has filed a legal action seeking a court order to restrain the allegedly infringing user.

12. Modification of Terms

We may change these Terms from time to time. It is important to check these Terms periodically for any updates. Revisions will take effect immediately, except that significant changes for existing users will be effective 30 days after posting or notifying you. We may require you to accept the modified Terms to continue using the Service. If you do not agree to the changes, you should delete your Crikk account, remove your User Content, and stop using the Service. Except as stated in this Section 12, these Terms can only be amended through a written agreement signed by authorized representatives of both parties.

13. Term, Termination, and Modification of the Service


13.1. Term
These Terms are effective when you accept them or first download, install, access, or use the Service, and will continue until terminated as described in Section 13.2.

13.2. Termination
If you violate any provision of these Terms, your access to the Service will automatically terminate. Additionally, Crikk may terminate these Terms, your account, or suspend or terminate your access to the Service at its discretion, for any reason or no reason, with or without notice, and without liability. You may terminate your account and these Terms at any time through Crikk’s web app, your App Store’s subscription management, or by contacting customer service at support@crikk.com.

13.3. Effect of Termination
Upon termination of these Terms:

  • (a) Your license rights will end, and you must stop using the Service immediately.
  • (b) You will lose access to your account and the Service.
  • (c) You must pay Crikk any unpaid amounts due before termination.
  • (d) All payment obligations incurred before termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Crikk), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will continue after termination.

You are responsible for keeping copies of any User Content you post, as you may lose access to it upon account termination. If your account is terminated due to a breach of these Terms, you cannot create a new account using a different name, email address, or other account verification methods.

13.4. Modification of the Service
Crikk reserves the right to modify or discontinue all or part of the Service at any time, temporarily or permanently, without notice. Crikk will not be liable for any changes to the Service, including any paid functionalities, or for any suspension or termination of your access. It is advisable to keep copies of any User Content you post, as you may lose access to it if the Service is modified in a way that affects your content.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service. You will defend and indemnify Crikk, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively referred to as the “Crikk Entities”) against any claims made by third parties. This includes any related liabilities, damages, losses, and expenses, such as attorneys’ fees and costs, arising from or connected to:

  1. Your unauthorized use or misuse of the Service.
  2. Your violation of any part of these Terms or any applicable law or regulation.
  3. Your violation of any third-party rights, including intellectual property rights or privacy rights.
  4. Any disputes or issues between you and any third party.

Crikk reserves the right to assume exclusive defense and control over any matter that is subject to your indemnification obligations, at its own expense. In such cases, you agree to cooperate with Crikk in defending against those claims.

15. Disclaimers; No Warranties by Crikk


15.1. The Service and all materials and content available through the Service are provided “as is” and “as available.” Crikk disclaims all warranties of any kind, whether express or implied, regarding the Service and all materials and content available through it. This includes:

  • (A) Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
  • (B) Any warranty arising out of course of dealing, usage, or trade.

Crikk does not guarantee that the Service or any part of it will be uninterrupted, secure, or free of errors, viruses, or other harmful components. Crikk also does not warrant that any issues will be corrected.

15.2. No advice or information, whether oral or written, obtained from the Service or the Crikk Entities, or any materials or content available through the Service, will create any warranty that is not expressly stated in these Terms. We are not responsible for any damage resulting from your use of the Service or your interactions with other users. You understand and agree that you use any part of the Service at your own risk. Crikk is not responsible for any damage to your property, including your computer system or mobile device, or any loss of data, including User Content.

15.3. The limitations, exclusions, and disclaimers in this Section 15 apply to the fullest extent permitted by law. Crikk does not disclaim any warranty or right that it is prohibited from disclaiming under applicable law.

16. Limitation of Liability
16.1. General Limitation.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRIKK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. This includes damages for loss of profits, goodwill, or any other intangible loss arising out of or relating to your access to, use of, or inability to access or use the Service or any materials or content on the Service. This applies regardless of whether the claims are based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether Crikk has been informed of the possibility of such damages.

16.2. Aggregate Liability.
EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF), AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CRIKK AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PART OF THE SERVICE, OR UNDER THESE TERMS, WILL BE LIMITED TO THE GREATER OF:
(a) THE AMOUNT YOU HAVE PAID TO CRIKK FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR
(b) US$168.

16.3. Risk Allocation.
EACH PROVISION OF THESE TERMS THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES, OR EXCLUDES DAMAGES IS INTENDED TO ALLOCATE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS A CRUCIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1. Generally.
Except as outlined in Sections 17.2 (Exceptions) and 17.3 (Opt-Out), you and Crikk agree that all disputes related to these Terms, the Service, or our communications will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury. It is less formal than a court proceeding, may allow for limited discovery, and is subject to very limited court review. This arbitration agreement covers all claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether arising during or after the termination of these Terms. Any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRIKK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2. Exceptions.
While we agree to arbitrate most disputes, nothing in these Terms will limit either party’s right to:
(a) bring an individual action in small claims court;
(b) pursue enforcement actions through the appropriate federal, state, or local agency;
(c) seek injunctive relief in a court of law in aid of arbitration; or
(d) file suit in a court of law to address an intellectual property infringement claim.

17.3. Opt-Out.
If you prefer not to resolve disputes through binding arbitration, you may opt out of this section within 30 days of agreeing to these Terms. Send a letter to Crikk, Attention: Legal Department – Arbitration Opt-Out, 880 Harrison St, San Francisco, CA 94107. Your letter must include your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Crikk receives your Opt-Out Notice, this section will be void, and any action arising out of these Terms will be resolved as described in Section 18.2 (Governing Law). Other provisions of these Terms will remain effective.

17.4. Arbitrator.
This arbitration agreement and any arbitration between us are governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Crikk.

17.5. Commencing Arbitration.
Before initiating arbitration, a party must send a written notice of the dispute to the other party via certified U.S. Mail or Federal Express (signature required). If the other party has not provided a current physical address, then notice may be sent by email (“Notice of Arbitration”). Crikk’s address for notice is: Crikk, 880 Harrison St, San Francisco, CA 94107. The Notice of Arbitration must:
(a) identify the name or account number of the party making the claim;
(b) describe the nature and basis of the claim or dispute; and
(c) specify the relief sought (“Demand”).

The parties will attempt to resolve the claim directly in good faith. If no agreement is reached within 30 days after the Notice of Arbitration is received, either party may commence an arbitration proceeding. If you initiate arbitration according to these Terms, Crikk will reimburse you for the filing fee, unless your claim exceeds US$10,000 or if Crikk has received 25 or more similar demands, in which case fee payment will be decided by the AAA Rules. If the arbitrator finds that the claim or relief sought is frivolous or improperly motivated, payment of all fees will be governed by the AAA Rules. The other party may seek reimbursement for any fees paid to the AAA.

17.6. Arbitration Proceedings.
Any arbitration hearing will take place in your county and state unless we agree otherwise. If the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted:
(a) solely based on documents submitted;
(b) through a telephonic or video hearing; or
(c) by an in-person hearing as established by the AAA Rules in your county.

During arbitration, any settlement offers made by you or Crikk must not be disclosed to the arbitrator until after a final decision is made. Regardless of the arbitration method, the arbitrator must issue a reasoned written decision explaining the essential findings and conclusions of the case.

17.7. Arbitration Relief.
Except as provided in Section 17.8 (No Class Actions), the arbitrator may award any relief available if the claims had been brought in court. If the arbitrator awards you more than the last settlement offer made by Crikk before selecting an arbitrator, Crikk will pay you the higher of:
(a) the amount awarded by the arbitrator or
(b) US$10,000.

The arbitrator’s award is final and binding, except for judicial review permitted by law or if the award includes injunctive relief. In that case, the affected party may seek judicial review of the injunctive relief in a competent court. Judgment on the award may be entered in any court with jurisdiction.

17.8. No Class Actions.
YOU AND CRIKK AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

17.9. Modifications to this Arbitration Provision.
If Crikk makes any substantive changes to this arbitration provision, you may reject the change by sending us written notice within 30 days. Send your notice to Crikk’s address for Notice of Arbitration. In that case, your account with Crikk will be terminated immediately, and this arbitration provision will remain in effect as it was before the rejected changes.

17.10. Enforceability.
If Section 17.8 (No Class Actions) or this entire Section 17 (Dispute Resolution and Arbitration) is found unenforceable, or if Crikk receives an Opt-Out Notice from you, then this section will be void. In that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.

18. Notice Regarding Apple


This Section 19 (Notice Regarding Apple) applies only if you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Crikk only, not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content. Apple has no obligation to provide any maintenance or support services for the Service.

If the Service fails to conform to any applicable warranty, you may notify Apple. In such a case, Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by law, Apple has no other warranty obligations regarding the Service.

Apple is not responsible for addressing any claims by you or any third party related to the Service or your use of it, including:
(1) Product liability claims;
(2) Any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(3) Claims arising under consumer protection or similar legislation.

Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the Service or your use of it infringes a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service.

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.