Last updated: September 13th, 2024
Effective date: September 13th, 2024
Welcome to CrushKey（the "APP"）, provided by SPARKHUB PTE. LTD., a company incorporated in Singapore (" we ," " us ," or
" our ").
1. Your Agreement to these Terms of Service
These Terms of Service (hereinafter referred to as the " Terms ") is a binding legal agreement between you ("user,"
"you," "your") and CrushKey and other related services(collectively, the " Services "). The Terms set forth the
terms and conditions that govern your access to and use of the Services. We strongly encourage you to review these
Terms carefully and ensure that you fully understand these Terms and their conditions.
By accessing or using the Services, you acknowledge and irrevocably represent that you have the full legal capacity
and competence to enter into a binding agreement with us, and you have read, understood, and agreed to be bound by
the Terms. If you do not agree to the Terms, please refrain from accessing or using any of the Services.
Your access to and use of the Services are also subject to our Privacy Policy, as well as any additional guidelines
or rules that may be made available to you from time to time. The terms of these documents will be posted through
our Services or otherwise notified to you, and they are incorporated herein by reference.
If you have any questions or comments regarding these Terms, please contact us at: AIDreamerStudio@outlook.com
We will be happy to answer your questions.
ARBITRATION NOTICE: THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST
US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US
WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Our Service
The information made available through our Services is not intended for distribution or use by any individual or
entity in jurisdictions or countries where such distribution or use would violate applicable laws or regulations, or
would require us to register in those jurisdictions or countries. Therefore, individuals who choose to access the
Services from locations outside our intended operating regions do so at their own risk and are solely responsible
for complying with relevant local laws, to the extent such laws apply.
3. Updates and Changes to the Terms and Services
In order to enhance your user experience or improve product safety performance, we may make modifications to the
Services from time to time. We reserve the right to change these Terms as necessary in compliance with applicable
laws and regulations. We will make reasonable efforts to notify you of any material changes to these Terms. It is
your responsibility to regularly review these terms for such changes. We will also update the "Last Updated" date at
the top of these Terms, indicating the effective date of such changes.
By continuing to access or use the Services after the revised Terms become effective, you agree to be bound by them.
If you do not agree to the revised Terms, you must cease accessing or using the Services.
We may periodically update or modify the Services, and you may be required to manually update the Services. Please
be aware that if you choose to opt out of automatic updates or reject making such updates, the Services may not
function properly or may not be fully available to you.
We reserve the right to discontinue or terminate the Services, either in whole or in part, permanently or
temporarily, with or without notice to you.
The Services are owned and operated by us, and we retain all rights to the Services that are not expressly granted
to you in these terms.
4. Eligibility and Protection of Minors
Our Services are not intended for children under 13 years of age (or other age as required by local law). By
accessing and using the Services, you confirm that you are not considered a child in your jurisdiction. If you are
not a child but are under the age of 18 or the age of majority in your jurisdiction (referred to as " Minor "), you
represent that you have reviewed the Terms with your parent or legal guardian and that both you and your parent or
guardian understand and consent to the Terms.
5. Permitted License Uses
Subject to the terms and conditions, we grant you a non-exclusive, non-sublicensable, personal, revocable, limited
license to access and use the Services. You may install, use, display, and run the Services on your legally owned
device for non-commercial purposes. We reserve all rights not expressly authorized to you regarding the Services in
the Terms. If you wish to obtain other rights concerning the use of the Services, you shall separately obtain formal
written permission from us.
6. Your submissions and contributions
Submissions
By submitting any questions, comments, suggestions, ideas, feedback, or other information related to the Services
("Submissions"), you assign all intellectual property rights in such Submissions to us. You acknowledge that we will
own the Submission and may use it freely for any lawful purpose, commercial or otherwise, without obligation to
provide acknowledgment or compensation to you.
Contributions
The Services may allow you to engage in activities such as chatting, contributing to blogs, message boards, forums,
or other functionalities that enable you to create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials, including but not limited to text, writings, videos, audio, photographs, music,
graphics, comments, reviews, ratings, suggestions, personal information, or other materials ("Contributions"). Any
Submission that is publicly posted shall also be considered a Contribution.
Please note that Contributions may be visible to other users of the Services and potentially through third-party
websites.
License for Contributions
By posting Contributions, you grant us a perpetual, irrevocable, non-exclusive, transferable, royalty-free,
worldwide license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, display, reformat, translate, or create derivative works from your Contributions (in whole or in part),
including your name, trademarks, logos, image, and voice, for any purpose, whether commercial, advertising, or
otherwise. This license includes the right to sublicense these rights to third parties and applies to any media
formats and channels.
This license also includes our right to use your name, company name, franchise name, trademarks, service marks,
trade names, logos, and any other personal or commercial images you provide.
We are not responsible for any statements or representations made in your contributions to the Services. You are
solely responsible for your contributions and agree to release us from any liability and refrain from any legal
action related to your contributions.
We reserve the right, at our sole discretion, to: (1) edit, redact, or modify any contributions; (2) re-categorize
contributions to place them in more appropriate areas of the Services; and (3) pre-screen or delete any
contributions at any time, for any reason, and without notice. However, we are under no obligation to monitor your
contributions.
Responsibility for Submissions and Contributions
By using our Services, you are fully responsible for any submissions or contributions you make. When submitting,
posting, or linking your social networking accounts through the Services, you agree to the following:
- You will not post or transmit any content that is illegal, harassing, hateful, defamatory, obscene, abusive,
discriminatory, or otherwise harmful.
- To the extent permitted by law, you waive any moral rights to any such submissions or contributions.
- You warrant that your submissions and contributions are original, or that you possess the necessary rights and
permissions to submit or post them. Additionally, you confirm that you have the authority to grant the licenses as
described in these Terms.
- You warrant that your submissions and contributions do not contain any confidential information.
You are solely responsible for your Submissions and Contributions, and you agree to indemnify us for any losses we
may incur as a result of your violation of (a) this section, (b) any third party's intellectual property rights, or
(c) applicable law.
Right to Remove or Edit Content
We reserve the right, but do not have the obligation, to monitor Contributions. We may, at our discretion, remove or
edit any Contribution that we reasonably believe violates these Terms or is otherwise harmful. If we remove or edit
any Contributions, we may also suspend or disable your account and report you to the relevant authorities.
7. Code of Conduct for Using the Services
When accessing and using the Services, you must adhere to these Terms, our Privacy Policy, other applicable rules,
and all relevant laws and regulations. You agree that you will not:
- rent, lease, loan, trade, sell/re-sell, or otherwise monetize our App, the Services, or related data or access to
them without our consent;
- upload, transmit, distribute, store, or otherwise make available in any way:
a) any material which is defamatory, obscene, offensive, pornographic, hateful, or inflammatory;
b) any material that would constitute, encourage, or provide instructions for a criminal offense, dangerous
activities, or self-harm;
c) any material that is deliberately designed to provoke or antagonize people, including trolling, bullying, or
intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
d) any material that contains threats of any kind, including threats of physical violence;
e) any material that is racist or discriminatory, including discrimination based on race, religion, age, gender,
disability, or sexuality.
- post anything that contains software viruses, worms, or any other harmful code;
- reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the
Services or any related technology that is not open source;
- use any automated system, software, robot, spider, crawler, scraper, or interface, or any other automatic device,
software, or process, whether operated by a third party or otherwise, to extract, monitor, copy, or collect any data
or information from the Services, or engage in any manual process to do the same;
- violate the intellectual property rights of the Services or others, including copyrights, patents, trademarks,
trade secrets, or other proprietary rights;
- otherwise violate laws and regulations, these Terms, our Privacy Policy, or any additional terms related to a
specific service that are provided when you sign up for or start using that service;
- maliciously request refunds to harm our interests;
- modify, alter, reverse engineer, duplicate, disassemble, decompile, transfer, copy, exchange, or translate the
Services or any elements therein or thereof without our prior written permission;
- use the Services to make profits or for any commercial or unauthorized purposes, such as sending advertising
content or messages without our prior written permission;
- export or re-export the Services, and/or other information or materials provided by us unless permitted by
applicable law and with our written authorization.
If you violate these Terms, we reserve the right to remove any content suspected of being illegal, false,
infringing, or unauthorized, as well as any other information that violates the Terms. Additionally, we may suspend
or terminate your access to and use of the APP.
We reserve the right to take these actions if we determine that you have failed to comply with any of the provisions
of these Terms, applicable laws and regulations, or you may cause damage to or impair the Services or infringe upon
or violate any third-party rights.
8. Intellectual Property Protection
We value intellectual property rights and comply with applicable laws regarding their protection. We retain the
intellectual property rights to the Services, and all related information content (including but not limited to all
source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, etc.),
and all rights not expressly granted to you. The above intellectual property rights, including but not limited to
copyrights, trademarks, and patent rights, are protected by applicable intellectual property laws, anti-unfair
competition laws, and other relevant laws, regulations, and international treaties. For matters not explicitly
authorized in these Terms, such as commercial sales, reproduction, or granting third-party access to and use of the
Services, you must obtain separate written permission from us.
While using the Services, you agree not to infringe upon the intellectual property rights of others. Any violation
of these Intellectual Property Rights will be considered a material breach of these Terms, resulting in the
immediate termination of your right to use our Services.
If you discover any content on the Services that infringes upon your intellectual property rights, please notify us
of such infringement at AIDreamerStudio@outlook.com .
9. Third Party Services
9. Third Party Services
To facilitate your use of the Services, we may incorporate third-party software or services, and the outcomes of
such use and access are provided by the third party. This includes but is not limited to services, software, and
content provided by third parties that you access through the Services or via other related platforms (" Third Party
Services ").
If you access or use any Third Party Services through the Services, you acknowledge and agree that:
- the Third Party Services (including payment services related to their use) are provided by third parties, not us;
- you are solely responsible for accessing or using such Third Party Services;
- you assume full responsibility for your reliance on and other activities arising from or related to your access or
reliance on such Third Party Services.
- we have no control over the Third Party Services, and we do not warrant, endorse, or approve any Third Party
Services in any manner;
- we are not responsible for the security, accuracy, and validity of Third Party Services;
- we have no liability to you for any damages or losses resulting from or related to your access or use of Third
Party Services.
- any disputes arising from or related to your access or use of such Third Party Services shall be solely between
you and the applicable third party.
Your access or use of Third Party Services is subject to the agreements between you and the third party directly.
Certain third parties may require you to agree to additional terms and conditions for accessing or using their Third
Party Services. These agreements and additional terms and conditions are solely between you and the relevant third
party. We are not a party to your relationship with such third party, nor do we act as the agent for you or the
third party.
You acknowledge that we may, at our sole discretion, disable, suspend, or remove Third Party Services from the
Services, either in whole or in part, at any time without any liability to you.
10. Fees and Taxes
You understand and agree that although the Services are currently available for download free of charge, you may
need to pay us the fees determined by the payment plan or in-app purchase amount that you have selected in order to
access to and use of certain features or functions of the Services. All payments made are non-refundable unless we
are required to do otherwise by relevant laws and regulations.
We reserve the right to change our prices at any point and we will provide notice to you through in-app
announcements or messages, at our option. Your continued use of the Service after the price change constitutes your
agreement to pay the changed amount.
For paid subscriptions, your payment method will be automatically charged at each scheduled renewal period unless
you cancel.Some states and countries/regions have mandatory laws regarding cancellation rights, and this section
does not override those laws. If your payment is unsuccessful, we may suspend your access to our Services until the
payment is successfully processed.
For Apple devices, you can cancel your subscription by visiting your iCloud subscription settings and opting out of
automatic renewal. For Google devices, navigate to your Google account subscription settings and opt out of
subscription renewal. To ensure sufficient processing time, please complete this at least 24 hours before your
subscription is set to renew. Your cancellation will become effective at the end of the current billing period.
Your use of the Services may consume your device's resources, bandwidth, and traffic. You are responsible for any
fees associated with these resources, such as internet access fees, SMS fees, and payment for the Software's
value-added services.
Any payments made by you to us will be facilitated by third-party payment service provider(s). These payment service
provider(s), not us, will provide you with the payment services. You may be subject to additional terms and
conditions when using such payment services. If any taxes are imposed by a jurisdiction on your payment for using
the Services, you are responsible for paying those taxes, including any related penalties or interest. We reserve
the right to charge any applicable taxes if required to do so by applicable laws. Additionally, we may request
certifications from you regarding taxes and report to tax authorities the amounts paid and/or withheld from payments
to you.
11. Advertising Content
We may display or make available advertising, promotional, or commercial content or activities (" Advertising
Content ") on our Services. You understand that Advertising Content is provided by third parties and is intended for
informational purposes only. You agree that such Advertising Content may be displayed or made available on the
Services alongside your User Content.
12. Your Privacy
When you are using the Services, we may need to collect your personal information to provide you the Services. We
pay great attention to the protection of your personal information and have made the Privacy Policy which forms an
integral part of these Terms. The Privacy Policy states the detailed information of the way the Services collects,
uses, stores, transfers, and discloses your personal information. You may refer to the details of the "Privacy
Policy" . By accessing and using the Services, you agree to be bound by the Terms and the Privacy Policy, and we
will protect your privacy in accordance with such Privacy Policy.
13. Indemnification
You agree to indemnify, release, and hold us, our licensors, agents, and all senior management and directors, as
well as our employees, harmless from any and all third-party claims, actions, liabilities, losses, damages,
judgments, costs, and expenses, including reasonable attorney's fees (collectively referred to as " Claims ")
arising from:
a) Your use of the Services or products available through the Services in a manner that does not comply with these
Terms and Conditions.
b) Any breach of these Terms by you or any person you allow to use the Services.
c) Any violation of laws, regulations, or the rights (including Intellectual Property rights) of any third party by
you or any person you allow to use the Services.
14. DISCLAIMERS
DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED
WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF
RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, WITH RESPECT TO THE SOFTWARE AND
SERVICE.
OUR APP DOES NOT CONTAIN ANY MALICIOUS CODE INTENDED TO DESTROY YOUR DEVICE DATA OR OBTAIN YOUR PRIVACY INFORMATION.
WE WILL ALSO MAKE EVERY EFFORT TO ENSURE THE SAFE, PROMPT, EFFECTIVE, ACCURATE, RELIABLE, AND CONTINUOUS OPERATION
OF THE SERVICES. HOWEVER, WITH THE LIMITATION OF TECHNOLOGICAL, THE SERVICES MAY BE AFFECTED BY VARIOUS UNSTABLE
FACTORS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES ARE COMPATIBLE WITH ALL DEVICES, OR ARE
ERROR-FREE, CAN OPERATE WITHOUT INTERRUPTION, OR THAT ANY ERRORS IN THE APP OR RELATED SERVICE CAN BE CORRECTED. IN
THE EVENT OF CIRCUMSTANCES SUCH AS INCOMPATIBILITY OR SOFTWARE MALFUNCTION, PLEASE CONTACT US FOR TECHNICAL SUPPORT.
IF THE COMPATIBILITY PROBLEM CANNOT BE RESOLVED, YOU CAN UNINSTALL THE APP. WITHIN THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAWS, WE ARE EXEMPT FROM ANY OF YOUR LOSSES CAUSED HEREIN.
15. LIMITATION OF LIABILITIES
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, SENIOR MANAGEMENT, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION, OR ANY OTHER
INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF THE FOLLOWING REASONS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (1) YOUR USE OR INABILITY
TO USE THE SERVICES; (2) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) THE DELETION
OF, CORRUPTION OF, OR FAILURE TO USE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (5) ANY OTHER MATTER RELATING TO THE SERVICES.
AT THE SAME TIME, OUR MAXIMUM COMPENSATION FOR ALL YOUR LOSSES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR
USING/PURCHASING THE APP OR SERVICES (IF PAID SERVICE IS INVOLVED) WITHIN 12 MONTHS BEFORE THE DATE OF INITIATING
THE CLAIM. IF THE LAW OF YOUR REGION DOES NOT ALLOW THE LIMITATION OF LIABILITY THROUGH AN AGREEMENT. IN THIS CASE,
THE APPLICABLE LAWS AND REGULATIONS SHALL APPLY.
16. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of Singapore, without giving effect to
any conflict of law rules or principles.
17. DISPUTE RESOLUTION
Your Dispute with Us:
You agree to first contact us for any claim, dispute, or controversy (" Dispute ") arising from or in connection
with these Terms, including any question regarding the existence, validity, or termination of these Terms. Both
parties agree to attempt to resolve such Dispute in good faith.
For any unresolved Dispute, the parties agree that the Dispute shall be referred to and finally resolved by
arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration
Rules of SIAC in force at that time. The arbitration shall take place in Singapore, and the arbitration proceedings
and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. You will only be permitted to pursue claims
against us on an individual basis, not as a plaintiff or class member in any class or representative action or
proceeding.
Your Dispute with Third Parties:
To the fullest extent permitted by law, any dispute between you and third parties (e.g., service provider, copyright
owner) relating to your use of the Services shall be resolved directly between you and such third party. We will not
be held liable to any extent for any claims, demands, and damages (actual and consequential) of every kind and
nature arising out of or in any way related to your dispute with third parties. You hereby irrevocably release us,
defend, and hold us harmless against any and all claims and liabilities arising out of or in connection with your
disputes with third parties of any nature.
18. MISCELLANEOUS
Headings : The headings of all terms in these Terms are for reference purposes only, have no actual meaning
themselves, and shall not be used as a basis for interpreting the meanings of the Terms.
Severability : If any term or provision of the Terms is held to be invalid or unenforceable by any judicial or
administrative authority for any reason, such determination shall not affect the validity or enforceability of the
remaining terms and provisions of the Terms. The remaining provisions of the Terms shall remain in full effect and
shall be construed in accordance with their terms.
Languages : If the Terms are made in English, we may provide the Terms in other languages in the future for your
reference. In case of any discrepancy, the English version hereof shall prevail.
No Waiver : Our failure to enforce any provision of the Terms at any time, or our failure to require performance by
you of any provision of the Terms, shall not be construed as a present or future waiver of such provisions, nor
shall it affect our right to enforce such provision thereafter. Our express waiver of any provision, condition, or
requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision,
condition, or requirement.
Entire Agreement : The Terms, together with any other terms or policies incorporated herein by reference, constitute
the entire agreement between you and us governing your use of the Services and replace all prior agreements and
communications between you and us in relation to your use of the Services.
19. CONTACT US
If you have any questions or want to learn more about the Services, please contact us at AIDreamerStudio@outlook.com .