Terms of Service
Last Updates: 24th April, 2024
Your use of the CRED Platform is governed by the terms and conditions set forth herein (“Terms of Service”). By using any part of the CRED Platform, or by agreeing to the terms and conditions of these Terms of Service, you confirm your understanding, acceptance, and commitment to comply with the terms and conditions set out below. If accepting these terms and conditions on behalf of the Customer, you affirm you are of legal age (at least 18 years of age) and possess the necessary authority to do so. Non-compliance with age, authority, or agreement to these terms and conditions shall prohibit your use of the CRED Platform.
Terms and conditions set forth herein shall be superseded by those set out in any order form or purchase order executed between the Customer and CRED as regards to any conflict in terms or conditions. Terms and conditions may be updated from time to time at CRED’s sole discretion, where “Last Updated” seen herein shall determine when these terms and conditions were last updated. Use of the CRED Platform post-modification from the Last Updated date implies acceptance of the revised terms and conditions. It's important to note that these terms and conditions incorporate clauses regarding automatic service renewal, class action restrictions, and arbitration that might affect your legal rights.
Subscription and Support
1.1 Subject to the terms set forth in these Terms of Service, CRED hereby grant the Customer a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the CRED Platform during the Service Term solely for the Customer’s internal business purposes (the “Subscription”). “CRED Platform” shall mean CRED’s proprietary software-as-a-service CRED Platform, including but not limited to any data, web-portal, application, software, or other services provided to the Customer by CRED, but for clarity excludes third-party products or services. “CRED Plan” shall mean the Features, Credits, and any Add-Ons detailed in the CRED Platform Subscription Order Form executed between the Customer and CRED which pertain to Customers user allowances and restrictions when using the CRED Platform under its Subscription. The use of “you” and “your” in these terms and conditions refers to the Customer.
1.2 Subject to the terms of these Terms of Service, CRED will use commercially reasonable efforts to provide Customer the Subscription in accordance with its Service Level Terms. As part of the registration process providing access to the CRED Platform under the Subscription, the Customer will identify administrative users, who will gain access to the CRED Platform either via the receipt of an invite code, by CRED providing usernames and passwords, or directly via the CRED Platform. Additional users of the Customer, which shall be limited to its directors, officers, employees, agents, and contractors, excluding all third parties, for which there will be no limit imposed on the number of seats made available (collectively “Authorized Users'') will gain access in the same manner either as provided by CRED, directly from the Customers administrative users, or directly via the CRED Platform. CRED reserves the right to refuse registration of, or cancel passwords it deems inappropriate. CRED reserves the right to make changes to the CRED Platform from time to time provided that these changes will not materially decrease or change the utility of the CRED Platform, or the delivery of the functionality of your CRED Plan as expressed in your CRED Platform Subscription Order Form. Only Upgrades (not Downgrades) of your CRED Plan is allowed during the Service Term, where Upgrade shall mean moving to a higher CRED Plan, by adding Credits, adding Add-Ons, or extending the Service Term (“Upgrade”).
1.3 Subject to the terms hereof, CRED will provide Customer with reasonable technical support services in accordance with the terms set forth in the applicable CRED Platform Subscription Order Form.
Restrictions and Responsibilities
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the CRED Platform or any software, documentation or data related to the CRED Platform (“Software”); modify, translate, or create derivative works based on the CRED Platform or any Software (except to the extent expressly permitted by CRED or authorized within the Subscription); use the CRED Platform or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third party; use the CRED Platform in an attempt to create a competitive product or service; or remove any proprietary notices or labels with respect to the CRED Platform that is distributed or provided to the Customer for use on Customer premises or devices as per the these Terms of Service.
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the CRED Platform or any software, documentation or data related to the CRED Platform (“Software”); modify, translate, or create derivative works based on the CRED Platform or any Software (except to the extent expressly permitted by CRED or authorized within the Subscription); use the CRED Platform or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third party; use the CRED Platform in an attempt to create a competitive product or service; or remove any proprietary notices or labels with respect to the CRED Platform that is distributed or provided to the Customer for use on Customer premises or devices as per the these Terms of Service.
2.2 The Customer represents, covenants, and warrants that the Customer will use the CRED Platform only in compliance with the terms set forth herein and all applicable laws, rules, and regulations, and will at no time use the CRED Platform in an objectionable manner, including but not limited to acts or interactions which may be construed or otherwise be interpreted as misleading, insulting, invasive, harassing, or offensive as determined at CRED’s sole discretion, and further acknowledges and agrees to control and monitor all activity on the Customers CRED Platform accounts to prevent anyone that is not an Authorized Users from accessing the CRED Platform. The Customer hereby agrees to indemnify and hold harmless CRED against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of the CRED Platform. Although CRED has no obligation to monitor Customer’s use of the CRED Platform, CRED may do so and may prohibit any use of the CRED Platform it believes may be (or alleged to be) in violation of the foregoing.
2.2 The Customer represents, covenants, and warrants that the Customer will use the CRED Platform only in compliance with the terms set forth herein and all applicable laws, rules, and regulations, and will at no time use the CRED Platform in an objectionable manner, including but not limited to acts or interactions which may be construed or otherwise be interpreted as misleading, insulting, invasive, harassing, or offensive as determined at CRED’s sole discretion, and further acknowledges and agrees to control and monitor all activity on the Customers CRED Platform accounts to prevent anyone that is not an Authorized Users from accessing the CRED Platform. The Customer hereby agrees to indemnify and hold harmless CRED against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of the CRED Platform. Although CRED has no obligation to monitor Customer’s use of the CRED Platform, CRED may do so and may prohibit any use of the CRED Platform it believes may be (or alleged to be) in violation of the foregoing.
2.3 The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the CRED Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer accounts or the Equipment with or without Customer’s knowledge or consent.
2.3 The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the CRED Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer accounts or the Equipment with or without Customer’s knowledge or consent.
2.4 Non-compliance with any of the aforementioned responsibilities in this clause 2 may result in CRED terminating or otherwise suspending Customer access to the CRED Platform in accordance with clause 5.2 as this would be considered a material breach, as well as retaining the right to seek damages or injunctive relief as per applicable law.
2.4 Non-compliance with any of the aforementioned responsibilities in this clause 2 may result in CRED terminating or otherwise suspending Customer access to the CRED Platform in accordance with clause 5.2 as this would be considered a material breach, as well as retaining the right to seek damages or injunctive relief as per applicable law.
2.5 As per the terms of your CRED Platform Subscription Order Form certain usage limits apply, specifically in the form of Credits or as otherwise stated in in your CRED Platform Subscription Order Form. CRED reserves the right to suspend Authorized User access in the instance that usage limits are exceeded for the applicable period as per your CRED Plan, or until an Upgrade for additional usage has been added.
2.5 As per the terms of your CRED Platform Subscription Order Form certain usage limits apply, specifically in the form of Credits or as otherwise stated in in your CRED Platform Subscription Order Form. CRED reserves the right to suspend Authorized User access in the instance that usage limits are exceeded for the applicable period as per your CRED Plan, or until an Upgrade for additional usage has been added.
2.6 To facilitate efficient and accurate management of Credits CRED reserves the right to monitor Customer’s Credit usage through its internal monitoring system. The Customer may monitor their Credit balances available through the CRED Platform.
2.6 To facilitate efficient and accurate management of Credits CRED reserves the right to monitor Customer’s Credit usage through its internal monitoring system. The Customer may monitor their Credit balances available through the CRED Platform.
2.7 When using the CRED Platform, you may decide to share professional contact information with CRED for enrichment purposes, such as matching, cleaning, perfecting, and updating Customer records against our database. In such instances CRED pledges to undertake commercially reasonable efforts to fulfill these enrichment requests. This commitment includes conducting research and verification of the professional contact details as applicable, as well as augmenting our database with verifiable information or information deemed essential for delivering on our services. Furthermore, in our efforts to enhance our offering, we may leverage email delivery insights to quality control and remove invalid email addresses. CRED, as the Processor, acts under the instructions of the Customer, the Controller, therefore it is the responsibility of the Controller to ensure both that it has a valid documented Legal Basis as required under applicable Personal Data Protection Legislation (where is doubt the ruling of the EU/ UK GDPR shall prevail) for Processing, sharing and instructing CRED to Process the submitted Personal Data, as to inform those Data Subjects of the Processing by CRED as determined under Article 14 of the EU/ UK GDPR.
2.7 When using the CRED Platform, you may decide to share professional contact information with CRED for enrichment purposes, such as matching, cleaning, perfecting, and updating Customer records against our database. In such instances CRED pledges to undertake commercially reasonable efforts to fulfill these enrichment requests. This commitment includes conducting research and verification of the professional contact details as applicable, as well as augmenting our database with verifiable information or information deemed essential for delivering on our services. Furthermore, in our efforts to enhance our offering, we may leverage email delivery insights to quality control and remove invalid email addresses. CRED, as the Processor, acts under the instructions of the Customer, the Controller, therefore it is the responsibility of the Controller to ensure both that it has a valid documented Legal Basis as required under applicable Personal Data Protection Legislation (where is doubt the ruling of the EU/ UK GDPR shall prevail) for Processing, sharing and instructing CRED to Process the submitted Personal Data, as to inform those Data Subjects of the Processing by CRED as determined under Article 14 of the EU/ UK GDPR.
2.8 When accessing the CRED Platform on a free trial basis CRED retains the right to suspend Customer access at any time at its sole discretion, and you further agree that you will not have any claims or recourse for any disruption or cessation of access to the CRED Platform.
2.8 When accessing the CRED Platform on a free trial basis CRED retains the right to suspend Customer access at any time at its sole discretion, and you further agree that you will not have any claims or recourse for any disruption or cessation of access to the CRED Platform.
2.9 The Customer acknowledges and agrees that the total number of Seats provided by CRED is strictly defined and limited under these Terms of Service and in accordance with any limitations otherwise set in the CRED Platform Subscription Order Form, any subsequent order forms, and that this limit shall not be exceed at any given time. The Customer shall not engage in any activities that circumvent or abuse the Seat limitations imposed by CRED. This includes but is not limited to (i) sharing login credentials or access information with unauthorized individuals, (ii) using IP address manipulation or other methods to artificially increase concurrent usage beyond the allowed seat count, and (iii) employing any techniques that disrupt, evade, or undermine the tracking mechanisms implemented by CRED to monitor concurrent usage. The Customer agrees that CRED may implement measures, including but not limited to IP address restriction, usage tracking, and two factor authentication, to monitor and enforce compliance with the Seat limitations. Customer shall not attempt to bypass or interfere with these measures. Customer acknowledges that a violation of the Seat limitations and usage restrictions set forth in this clause constitutes a material breach of this Agreement. In the event that the Customer exceeds the Seats limitation without prior written approval from CRED, the Customer shall be responsible for additional Seat usage charges as specified, or as otherwise consistent with the CRED Platform Base Subscription Order Form, or as detailed in these Terms of Service. The Customer acknowledges and agrees that the additional Seat usage charges shall be calculated based on the excess number of Seats used over and above the authorized Seat count during the relevant billing period. CRED reserves the right to bill the Customer for the additional Seat usage charges on a monthly basis. Upon receipt of notification from CRED regarding additional Seat usage and the corresponding charges, the Customer shall remit payment for said charges no later than five (5) business days subsequent to the date of such notification. Clause 4.2 of these Terms of Service shall apply to any unpaid or late payments excluding the due date, which as stated herein shall be five (5) business days subsequent to the date of such notification
2.9 The Customer acknowledges and agrees that the total number of Seats provided by CRED is strictly defined and limited under these Terms of Service and in accordance with any limitations otherwise set in the CRED Platform Subscription Order Form, any subsequent order forms, and that this limit shall not be exceed at any given time. The Customer shall not engage in any activities that circumvent or abuse the Seat limitations imposed by CRED. This includes but is not limited to (i) sharing login credentials or access information with unauthorized individuals, (ii) using IP address manipulation or other methods to artificially increase concurrent usage beyond the allowed seat count, and (iii) employing any techniques that disrupt, evade, or undermine the tracking mechanisms implemented by CRED to monitor concurrent usage. The Customer agrees that CRED may implement measures, including but not limited to IP address restriction, usage tracking, and two factor authentication, to monitor and enforce compliance with the Seat limitations. Customer shall not attempt to bypass or interfere with these measures. Customer acknowledges that a violation of the Seat limitations and usage restrictions set forth in this clause constitutes a material breach of this Agreement. In the event that the Customer exceeds the Seats limitation without prior written approval from CRED, the Customer shall be responsible for additional Seat usage charges as specified, or as otherwise consistent with the CRED Platform Base Subscription Order Form, or as detailed in these Terms of Service. The Customer acknowledges and agrees that the additional Seat usage charges shall be calculated based on the excess number of Seats used over and above the authorized Seat count during the relevant billing period. CRED reserves the right to bill the Customer for the additional Seat usage charges on a monthly basis. Upon receipt of notification from CRED regarding additional Seat usage and the corresponding charges, the Customer shall remit payment for said charges no later than five (5) business days subsequent to the date of such notification. Clause 4.2 of these Terms of Service shall apply to any unpaid or late payments excluding the due date, which as stated herein shall be five (5) business days subsequent to the date of such notification
Confidentiality, Proprietary Rights and Data
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of CRED includes non-public information regarding features, functionality and performance of the CRED Platform. Proprietary Information of the Customer includes non-public data provided by the Customer to CRED to enable the provision of the Subscription (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Subscription or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.2 The Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Subscription, unless otherwise stated herein. CRED shall own and retain all right, title and interest in and to (a) the CRED Platform, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementation of the Subscription or its support, and (c) all intellectual property rights related to any of the foregoing.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.3 Both parties shall comply with all Data Protection Laws. This clause 3.3 is in addition to, and does not relieve, remove or replace, a party’s obligation under the Data Protection Laws. Where CRED provides the Customer with any personal data (as defined in Data Protection Laws), CRED shall act as a data Processor (as defined in Data Protection Laws) and Customer shall act as a data Controller in relation to any personal data acquired through the CRED Platform (as defined in Data Protection Laws). Each party shall indemnify, defend and hold the other harmless, during and after the Service Term, on demand, from and against any and all actions, causes of action, claims, damages, liabilities, losses, costs and/or penalties of whatever nature or kind which arise out of, or are in connection with: (a) failing to comply with its obligations under the Data Protection Laws; and/or (b) any breach of this clause 3.3. Notwithstanding any other term of these Terms of Service, CRED acknowledges that the Customer shall not be obliged to provide CRED or any third party with any personal data (as defined in Data Protection Laws). For the purposes of these Terms of Service, “Data Protection Laws” means: (a) the Privacy and Electronic Communications Directive 2002/58/EC; (b) the General Data Protection Regulation 2026/679 (the EU GDPR); (c) the UK General Data Protection Regulation (the UK GDPR) ; (d) the Data Protection Act 2018 and all other national legislation implementing, supplementing or replacing any of the foregoing from time to time; and (e) all associated codes of practice and other binding guidance issued by any applicable regulator, all as amended, re-enacted and/or replaced and in force from time to time.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.4 Notwithstanding anything to the contrary, CRED shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the CRED Platform and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CRED will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the CRED Platform and for other development, diagnostic and corrective purposes in connection with the CRED Platform, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein, or as otherwise stated in our Privacy Policy (available on CRED’s website: www.credplatform.com).
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.5 CRED reserves the rights to use, host, store, copy, adapt, modify, or create derivative works from any AI-Outputs generated through the Customer use of the CRED Platform that uses, or is generated by machine learning algorithms, including but not limited to generated written material (“AI-Outputs”) for the purposes of improving and training CRED’s machine learning algorithmic models, subject to protecting your identity and rights to privacy. This right is granted to CRED by you on a non-exclusive, perpetual, irrevocable, transferable, royalty free, license free, worldwide basis.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.6 In delivery of the CRED Platform, CRED may integrate with third-party software applications and service providers that the Customer obtains separately from CRED. By using these integrations, you authorize CRED to interact with, utilize information from, and store Customer Data from or with these third parties accounts as required to deliver the CRED Platform efficiently. You hereby agree that CRED holds no responsibility for services provided by third parties and it is the Customer’s sole responsibility to comply with any terms and conditions of those services as set forth by their providers.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
3.7 When providing Feedback on the CRED Platform, which is entirely at your discretion, you may share comments, suggestions, ideas, feature-, or modification requests verbally, in writing, or through other means (“Feedback”). In doing so you grant CRED an irrevocable, perpetual, license free, royalty free worldwide license to use, publish, reproduce, adapt, translate, display, share, communicate, and distribute this Feedback at CRED’ discretion in order to operate or to make improvements to the CRED Platform.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Payment of Fees
4.1 The Customer will pay CRED the applicable Subscription Fee and other applicable charges and due payments described in the CRED Platform Subscription Order Form, or any subsequent order forms or purchase orders (the “Fees”). All Fees are non-refundable unless otherwise stated herein. CRED will make the CRED Platform available to the Customer only after receipt of full payment of the Fees. If the Customer’s use of the CRED Platform in any way violates the terms of these Terms of Service or otherwise requires the payment of additional Fees the Customer shall be billed for such usage and the Customer agrees to pay the additional Fees in line with the terms and conditions provided herein. CRED reserves the right to change the Fees, or other applicable charges and to institute new charges and Fees at the end of the Service Term, upon thirty (30) days prior notice to the Customer (which may be sent by email). If the Customer believes that CRED has billed Customer incorrectly, the Customer must contact CRED no later than thirty (30) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to CRED’s customer support department per the details herein or as otherwise provided through CRED’s website: www.credplatform.com
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
4.2 Subject to the terms and conditions of these Terms of Service, CRED may choose to bill either through the issuance of an invoice or the initiation of a direct debit or credit card payment. In instances where CRED elects to opt for invoice billing, full payment for invoices issued in any given month must be received by CRED no later than five (5) days after the issuing date of the invoice. CRED reserves the right to suspend your access to the CRED Platform in the event that you fail to make payment of Fees, or any other due charges later than five (5) days following its due date, or (ii) if CRED reasonably believes that you have otherwise violated or breached any of its terms as stated herein, for which CRED will not be liable to you for any period of suspension which occurs as a consequence. In instances where CRED elects to process payments via direct debit or credit card, the Customer hereby irrevocably authorizes CRED to initiate charges against the Customer's specified bank account or credit card for any and all Fees, or other applicable due payments accruable immediately when due in accordance with these Terms of Service. It is incumbent upon the Customer to ensure the availability of adequate funds in the stipulated account to facilitate the seamless processing of due Fees, or other applicable due payments and to proactively communicate any alterations pertaining to their bank account or credit card details to CRED in a timely fashion. Unpaid amounts are subject to an interest charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection (“Interest Charge”) and may result in immediate termination of the Subscription. Customer acknowledges and agrees that the Interest Charge is non-refundable and is intended to compensate CRED for the administrative costs and financial impact resulting from late payments. In addition to the remedies outlined above for failure to pay any amount owed to CRED, the Customer acknowledges and agrees that non-payment of both any outstanding charges and Interest Charge may result in further actions by CRED, including but not limited to pursuing legal action to recover the outstanding amount and interest, and reporting the non-payment to credit agencies, potentially affecting the Customer's credit rating. The Customer shall be responsible for all taxes associated with the Subscription and unless otherwise specified, all Fees, or pricing estimates provided by CRED exclude taxes.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
4.3 Credits do not roll over and reset every thirty (30) days from the Effective Date, or otherwise from the date of purchase, during the Service Term. Fees related to Credits are non-refundable and are not subject to dispute. Credits do not have a cash value and as such are non-redeemable.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
4.4 The Customer may Upgrade their CRED Plan at any time during the Service Term, including by purchasing additional Credits. Purchasing additional Credits may be conducted directly through the CRED Platform, or otherwise by contacting your sales representative. The credited amount of Credits shall be reflected in the Customer’s account within a 24-hour period following the receipt of payment.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
4.5 No Fees for Credits outside of those detailed in the CR ED Platform Subscription Order Form, any subsequent order forms or purchase order, or otherwise as part of any Upgrade agreed-upon by the Customer will be imposed without prior agreement from the Customer. In the event that a Customer's Credit balance is depleted, the Customer will be promptly notified by CRED. Following such notification, access to certain features or services of the CRED Platform may be temporarily restricted or disabled until additional Credits are acquired by the Customer.
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Access to your information
Request correction of your personal data
Request deletion of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
Right to review by an independent authority
If you wish to exercise any of the rights set out above, please contact us at privacy@credinvestments.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
CRED may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CRED may also contact you to ask you for further information in relation to your request to speed up our response.
CRED will endeavor to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
5. Term and Termination
5.1 Subject to earlier termination as provided below, these Terms of Service shall apply for the Service Term as specified in the Customers CRED Platform Subscription Order Form, and shall be automatically renewed for additional periods of the same duration as the Service Term (collectively, the “Service Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term by providing CRED with written notice. Upon termination, you agree that Customer right to access any and all Services which you have terminated shall cease immediately, and that no refunds of Fees will be granted upon termination.
5.1 Subject to earlier termination as provided below, these Terms of Service shall apply for the Service Term as specified in the Customers CRED Platform Subscription Order Form, and shall be automatically renewed for additional periods of the same duration as the Service Term (collectively, the “Service Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term by providing CRED with written notice. Upon termination, you agree that Customer right to access any and all Services which you have terminated shall cease immediately, and that no refunds of Fees will be granted upon termination.
5.2 In addition to any other remedies it may have, either party may also terminate these Terms of Service upon thirty (30) days written notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of these Terms of Service. The Customer will pay in full for the Subscription for the duration of the Service Term as per the terms set in the CRED Platform Subscription Order Form. Upon any termination, CRED will make all Customer Data available to the Customer for electronic retrieval for a period of thirty (30) days, but thereafter CRED may, but is not obligated to, delete stored Customer Data unless otherwise required by Data Protection Laws. All sections of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability
5.2 In addition to any other remedies it may have, either party may also terminate these Terms of Service upon thirty (30) days written notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of these Terms of Service. The Customer will pay in full for the Subscription for the duration of the Service Term as per the terms set in the CRED Platform Subscription Order Form. Upon any termination, CRED will make all Customer Data available to the Customer for electronic retrieval for a period of thirty (30) days, but thereafter CRED may, but is not obligated to, delete stored Customer Data unless otherwise required by Data Protection Laws. All sections of these Terms of Service which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability
6. Warranty and Disclaimer
CRED shall use reasonable efforts consistent with prevailing industry standards to maintain the CRED Platform in a manner which minimizes errors and interruptions in the Subscription and shall perform any required implementation in a professional and workmanlike manner, and in compliance with applicable law, regulations, or any rights of third parties. Access to the CRED Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CRED or by third-party providers, or because of other causes beyond CRED’s reasonable control, but CRED shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, CRED DOES NOT WARRANT THAT THE CRED PLATFORM, ITS FEATURES, OR THE INFORMATION AND DATA PROVIDED WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CRED PLATFORM, AND CRED DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY DAMAGE OR HARM CAUSED BY ANY THIRD-PARTY APPLICATION OR SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE CRED PLATFORM IS PROVIDED “AS IS” AND CRED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. NO INFORMATION, DATA OR ADVICE OBTAINED BY CUSTOMER FROM CRED OR THROUGH THE CRED PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
CRED shall use reasonable efforts consistent with prevailing industry standards to maintain the CRED Platform in a manner which minimizes errors and interruptions in the Subscription and shall perform any required implementation in a professional and workmanlike manner, and in compliance with applicable law, regulations, or any rights of third parties. Access to the CRED Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CRED or by third-party providers, or because of other causes beyond CRED’s reasonable control, but CRED shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, CRED DOES NOT WARRANT THAT THE CRED PLATFORM, ITS FEATURES, OR THE INFORMATION AND DATA PROVIDED WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CRED PLATFORM, AND CRED DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY DAMAGE OR HARM CAUSED BY ANY THIRD-PARTY APPLICATION OR SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE CRED PLATFORM IS PROVIDED “AS IS” AND CRED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. NO INFORMATION, DATA OR ADVICE OBTAINED BY CUSTOMER FROM CRED OR THROUGH THE CRED PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
7. Indemnity
7.1 CRED shall hold the Customer, its directors, officers, employees, agents, and contractors harmless and indemnify them from any and all liability to third parties resulting from infringement by the CRED Platform of any United States patent or any copyright or misappropriation of any trade secret, provided CRED is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; CRED will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the CRED Platform (i) not supplied by CRED, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by CRED, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the CRED Platform is not strictly in accordance with these Terms of Service. If, due to a claim of infringement, the CRED Platform is held by a court of competent jurisdiction to be or are believed by CRED to be infringing, CRED may, at its option and expense (a) replace or modify the CRED Platform to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the CRED Platform, or (c) if neither of the foregoing is commercially practicable, terminate these Terms of Service and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused Fees (excluding any Interest Charges) for the Subscription.
7.1 CRED shall hold the Customer, its directors, officers, employees, agents, and contractors harmless and indemnify them from any and all liability to third parties resulting from infringement by the CRED Platform of any United States patent or any copyright or misappropriation of any trade secret, provided CRED is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; CRED will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the CRED Platform (i) not supplied by CRED, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by CRED, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the CRED Platform is not strictly in accordance with these Terms of Service. If, due to a claim of infringement, the CRED Platform is held by a court of competent jurisdiction to be or are believed by CRED to be infringing, CRED may, at its option and expense (a) replace or modify the CRED Platform to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the CRED Platform, or (c) if neither of the foregoing is commercially practicable, terminate these Terms of Service and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused Fees (excluding any Interest Charges) for the Subscription.
7.2 The Customer shall hold CRED, its directors, officers, employees, agents, and contractors harmless and indemnify them from any and all liability to third parties that arise from Customers use of the CRED Platform in a manner that violates the terms of these Terms of Service, and infringes upon the rights of, or causes harm to a third party, including but not limited to violations of intellectual property, privacy rights, or Data Protection Laws.
7.2 The Customer shall hold CRED, its directors, officers, employees, agents, and contractors harmless and indemnify them from any and all liability to third parties that arise from Customers use of the CRED Platform in a manner that violates the terms of these Terms of Service, and infringes upon the rights of, or causes harm to a third party, including but not limited to violations of intellectual property, privacy rights, or Data Protection Laws.
8. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, CRED AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, CRED PLATFORM OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND CRED’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO CRED FOR THE SUBSCRIPTION UNDER THESE TERMS OF SERVICE, THE CRED PLATFORM SUBSCRIPTION ORDER FORM, ANY SUBSEQUENT ORDER FORM OR PURCHASE ORDER IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT CRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, CRED AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, CRED PLATFORM OR TECHNOLOGY OR LOSS OF BUSINESS OR PROFITS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND CRED’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO CRED FOR THE SUBSCRIPTION UNDER THESE TERMS OF SERVICE, THE CRED PLATFORM SUBSCRIPTION ORDER FORM, ANY SUBSEQUENT ORDER FORM OR PURCHASE ORDER IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT CRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
9. Miscellaneous
9.1 The Customer hereby acknowledges and agrees that all terms and conditions set forth in these Terms of Service applicable to the Customer shall be equally applicable to, and binding upon, the Customer's Authorized Users. Consequently, the Customer shall ensure that its Authorized Users comply with the provisions of these Terms of Service as if they were the Customer itself. The Customer further acknowledges that it shall be responsible for any breach of these Terms of Service by its Authorized Users.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.2 If any provision of these Terms of Service are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. No failure or delay by either Customer or CRED in exercising any rights under these Terms of Service shall constitute a waiver of that right. These Terms of Service are not assignable, transferable or sublicensable by Customer except with CRED’s prior written consent. CRED may transfer and assign any of its rights and obligations under these Terms of Service without consent. These Terms of Service together with any CRED Platform Subscription Order Form is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. In the event the Customer executes an order form or purchase order with CRED and a conflict or inconsistency exists between such documents and these Terms of Service, the order form or purchase order shall take precedence of these Terms of Service.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.3 No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and the Customer does not have any authority of any kind to bind CRED in any respect whatsoever. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.4 All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to CRED shall be sent to Attn: CEO; 651 N Broad St Suite 206 Middletown Delaware, 19709, United States.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.5 You agree to abide by U.S. export control laws and accept responsibility for any breaches of these regulations, including U.S. embargoes or federal restrictions on exports. You affirm and undertake that you are not located in, nor a citizen or national of, any country under U.S. embargo or identified as supporting terrorism by the U.S. government, nor are you listed on any U.S. government lists of prohibited or restricted parties.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.6 To address disputes or claims related to the terms of these Terms of Service, the CRED Platform Subscription Order Form, any subsequent order form or purchase order, or the use if the CRED Platform, both parties commit to first attempt resolution through informal discussions and good faith negotiations, a prerequisite before pursuing any legal action. For initiating this process, you are required to contact CRED’s support team. If no resolution is achieved within thirty (30) days after starting informal dispute resolution, either party may then proceed to binding arbitration as the exclusive method for resolving such claims, as detailed herein.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.7 The Customer and CRED hereby agree to resolve any disputes, claims, or disagreements arising from or related to the terms of these Terms of Service, the CRED Platform Subscription Order Form, any subsequent order form or purchase order, or the use if the CRED Platform, exclusively through binding arbitration, foregoing traditional court proceedings. This arbitration obligation is subject to the Federal Arbitration Act, which oversees its interpretation and enforcement. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its rules and procedures, detailed at www.adr.org ("Procedures"). A single arbitrator, appointed according to the Procedures, will oversee the arbitration, whose decision shall be conclusive and enforceable in any court with appropriate jurisdiction. Both parties will bear their respective arbitration fees and costs. The arbitration process will occur in New York, New York. For claims seeking less than US $10,000, the method of arbitration—based on documentary evidence and, or via telephone—will be at the choosing of either party, unless the arbitrator deems an in-person meeting necessary.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.8 Both parties agree to undertake arbitration only on an individual basis, explicitly renouncing any right to initiate or participate in any form of class action, representative action, or similar collective legal proceedings. All disputes shall be arbitrated or litigated, as applicable, solely on an individual basis, and not as part of any class, collective, or representative action. You shall not seek to have any dispute arbitrated or litigated, as applicable, as a class action, representative action, collective action, or in any other capacity involving joint or consolidated claims.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
9.9 Notwithstanding Customers and CRED’s agreement to mandatory arbitration, either party may pursue interim or preliminary injunctive relief from a court of competent jurisdiction in New York, New York as required to protect and enforce its rights pending the outcome of arbitration. The parties submit to the exclusive jurisdiction of any state or federal court of competent jurisdiction located in New York, New York.
You have the right to stop us processing your personal data for direct marketing purposes. CRED will always inform you if we intend to use your personal data for such purposes, or if CRED intends to disclose your information to any third party for such purposes. You can usually exercise your right to prevent such marketing by checking certain boxes on the forms used to collect your data, or as otherwise stated in the relevant contract detailing our engagement with you. You can also exercise the right at any time by contacting us at privacy@credinvestments.com.
You may also object to us processing your personal data where CRED are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, CRED may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
10. Service Level Terms and Customer Support
10.1 The CRED Platform shall be available over 95% of the time, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond CRED’s control, including but not limited to critical infrastructure failure and internet disturbance, severe economic hardships, labor disputes, government actions, acts of war or terrorism, public health emergencies and pandemics, natural disasters, acts of God, or acts by third parties including but not limited to service interruptions beyond the third party’s control (“Force Majeure”) will also be excluded from any such calculation. Customer's sole and exclusive remedy, and CRED's entire liability, in connection with the Subscription’s availability shall be that for each period of downtime lasting longer than 96 hours, CRED will credit Customer 5% of Fees (excluding any Interest Charge) for each period of 48 hours of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to CRED) recognizes that downtime is taking place, and continues until the access to the CRED Platform is restored. In order to receive downtime credit, the Customer must notify CRED in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Fees (excluding any Interest Charge) in any one (1) calendar month in any event. CRED will only apply a credit to the month in which the incident occurred. CRED’s blocking of data communications, access to the CRED Platform, or other service in accordance with its policies shall not be deemed to be a failure of CRED to provide adequate service levels under these Terms of Service.
10.1 The CRED Platform shall be available over 95% of the time, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond CRED’s control, including but not limited to critical infrastructure failure and internet disturbance, severe economic hardships, labor disputes, government actions, acts of war or terrorism, public health emergencies and pandemics, natural disasters, acts of God, or acts by third parties including but not limited to service interruptions beyond the third party’s control (“Force Majeure”) will also be excluded from any such calculation. Customer's sole and exclusive remedy, and CRED's entire liability, in connection with the Subscription’s availability shall be that for each period of downtime lasting longer than 96 hours, CRED will credit Customer 5% of Fees (excluding any Interest Charge) for each period of 48 hours of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to CRED) recognizes that downtime is taking place, and continues until the access to the CRED Platform is restored. In order to receive downtime credit, the Customer must notify CRED in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Fees (excluding any Interest Charge) in any one (1) calendar month in any event. CRED will only apply a credit to the month in which the incident occurred. CRED’s blocking of data communications, access to the CRED Platform, or other service in accordance with its policies shall not be deemed to be a failure of CRED to provide adequate service levels under these Terms of Service.
10.2 CRED will provide Technical Support to the Customer via electronic mail on weekdays during the hours of 9:00 am through 5:00 pm GMT, with the exclusion of UK Holidays (“Support Hours”). Customers may initiate a helpdesk ticket during Support Hours by emailing support@credplatform.com or the support tool directly through the application. CRED will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
10.2 CRED will provide Technical Support to the Customer via electronic mail on weekdays during the hours of 9:00 am through 5:00 pm GMT, with the exclusion of UK Holidays (“Support Hours”). Customers may initiate a helpdesk ticket during Support Hours by emailing support@credplatform.com or the support tool directly through the application. CRED will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
© 2024 CRED. All rights reserved.
At CRED, we are committed to the highest standards of data security and privacy. To affirm our dedication, we are fully SOC 2 and GDPR compliant, having undergone rigorous third-party audits to verify our data handling practices meet all criteria for security, availability, processing integrity, confidentiality, and privacy.
© 2024 CRED. All rights reserved.
At CRED, we are committed to the highest standards of data security and privacy. To affirm our dedication, we are fully SOC 2 and GDPR compliant, having undergone rigorous third-party audits to verify our data handling practices meet all criteria for security, availability, processing integrity, confidentiality, and privacy.