1Acceptance of these terms

These Terms of Use ("Terms") are an agreement between you and Crow Studios ("Crow Studios," "we," "us" or "our"). They govern your access to and use of crowstudios.com, its subdomains, and the tools, software, content, games, experiments and other features we make available through them (together, the "Site"). By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

If you use the Site on behalf of a company or other organization, you represent that you are authorized to accept these Terms for it, and "you" includes that organization. You must be at least 18 years old, or the age of majority where you live, to create an account or use signed-in features.

2Using the site

You may use the Site only for lawful purposes and in line with these Terms. You agree not to: (a) violate any law or the rights of others; (b) access or attempt to access accounts, systems or data you are not authorized to access, or probe, scan or test the vulnerability of the Site; (c) interfere with or disrupt the Site, including by introducing malware or placing an unreasonable load on it; (d) scrape, crawl or harvest the Site by automated means, except for search-engine indexing permitted by our robots.txt file; (e) copy, modify, reverse engineer, decompile or create derivative works of the Site or its software, except where the law allows this despite this restriction; (f) send spam or unsolicited messages, or submit false, misleading or malicious information through the contact form; (g) use the Site, its content or its output to develop a competing product or to train machine-learning models; or (h) misrepresent your identity or affiliation.

We may monitor use of the Site for security and operational purposes, investigate suspected violations of these Terms, and cooperate with law enforcement.

3Accounts and tools

Some features require an account. You agree to provide accurate information, keep your sign-in credentials confidential, and tell us promptly at hello@crowstudios.com about any unauthorized use. You are responsible for all activity under your account, and we are not liable for losses caused by unauthorized use of it.

Signed-in tools, games, experiments and product pages may be in development or offered as previews. We may add, change, limit, suspend or discontinue any feature, or set usage limits, at any time, with or without notice and without liability to you.

We may suspend or end your account or your access to the Site at any time, including if we believe you have violated these Terms. You may stop using the Site and ask us to close your account at any time. Provisions that by their nature should survive, including those on intellectual property, disclaimers, limitation of liability, indemnification and disputes, survive the end of your use of the Site.

4Our services

The Site describes the consulting, engineering, design and creative services we offer. Descriptions, prices, rates and timelines on the Site are general information and estimates, not offers, quotes or commitments, and may change without notice. Sending a message through the contact form or otherwise contacting us does not create a client relationship, a contract or any obligation on either side.

Any services we provide are governed exclusively by a separate written agreement signed by both parties, such as a master services agreement or statement of work. If that agreement conflicts with these Terms, the agreement controls for the services it covers.

Please do not send confidential or proprietary information through the contact form or by email until we have agreed in writing to keep it confidential. Information you send before then is not treated as confidential.

5Intellectual property

The Site and everything on it, including text, graphics, images, 3D models, animations, software, code, design and the selection and arrangement of content, are owned by Crow Studios or its licensors and are protected by copyright, trademark and other laws. "Crow Studios," our crow mark and logo, and related names and designs are our trademarks, and you may not use them without our prior written permission. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to view and use the Site for its intended purpose. We reserve all rights not expressly granted.

You keep ownership of the content you submit to the Site ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content as needed to operate, secure and provide the Site and to respond to you. You represent that you have all the rights needed to submit Your Content and that it does not infringe anyone's rights or violate any law.

If you send us ideas, suggestions or other feedback, we may use them for any purpose without obligation or payment to you.

6AI features

Some tools use artificial intelligence, including models provided by third parties, to generate text, images, code or other output ("Output"). Output is produced automatically. It may be inaccurate, incomplete or offensive, may resemble output generated for others, and does not represent our views. Output is not professional, legal, financial, medical, engineering or other expert advice. Review it carefully before you rely on or use it.

You are solely responsible for your prompts and other inputs, for how you use Output, and for making sure your use complies with the law and respects the rights of others. Do not submit confidential information, or personal information about other people, to AI features. To the extent we have rights in Output generated for you, you may use it subject to these Terms, but we make no representation that Output is protectable or free of third-party rights.

7Third-party links and services

The Site may link to or work with websites, services and content run by third parties, and it relies on outside providers for hosting, sign-in, email delivery and AI features. We do not control and are not responsible for third-party websites, services or content, their availability or their privacy practices, and a link does not mean we endorse them. Your use of third-party services is at your own risk and subject to their terms.

8Disclaimers

THE SITE, INCLUDING ALL CONTENT, TOOLS, SOFTWARE AND OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CROW STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OR OUTPUT IS ACCURATE, COMPLETE OR RELIABLE. YOU USE THE SITE AT YOUR OWN RISK AND ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS.

Some jurisdictions do not allow certain warranties to be excluded, so some of these exclusions may not apply to you.

9Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CROW STUDIOS OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE "CROW STUDIOS PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR USE, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE CROW STUDIOS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR ACCESS TO THE SITE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US.

Some jurisdictions do not allow certain damages to be excluded or limited, so some of these limitations may not apply to you. Liability for services we provide under a separate written agreement is governed by that agreement.

10Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Crow Studios Parties from and against all claims, demands, actions, losses, damages, liabilities, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of the Site; (b) Your Content, your inputs to AI features or your use of Output; (c) your violation of these Terms; or (d) your violation of any law or of the rights of any third party.

We may assume the exclusive defense and control of any matter for which you must indemnify us, at your expense, and you agree to cooperate with our defense. You may not settle any such matter without our prior written consent.

11Disputes and governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting a formal proceeding, you agree to contact us at hello@crowstudios.com and try in good faith to resolve the dispute informally for at least 30 days.

If we cannot resolve it, any dispute arising out of or relating to the Site or these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in Middlesex County, Massachusetts, or remotely where the rules allow. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

YOU AND CROW STUDIOS EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL. You may opt out of this agreement to arbitrate by emailing hello@crowstudios.com within 30 days after you first accept these Terms, with your name and a clear statement that you are opting out.

Any claim that is not subject to arbitration must be brought exclusively in the state or federal courts located in Massachusetts, and you consent to their personal jurisdiction. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

12Changes to these terms

We may revise these Terms at any time. When we do, we will update the "Last updated" date above, and for material changes we may give additional notice, for example on the Site or by email to account holders. Changes take effect when posted unless we say otherwise, and apply going forward; changes to the arbitration terms do not apply to disputes that arose before them. If you keep using the Site after changes take effect, you accept the revised Terms.

13General terms and contact

These Terms and our Privacy Policy are the entire agreement between you and us about the Site and replace any earlier understanding about it, but they do not replace any separate written agreement for services. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them, including in connection with a merger, acquisition or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control. Headings are for convenience only, and "including" means "including without limitation."

Questions about these Terms: hello@crowstudios.com. Crow Studios, Sudbury, Massachusetts.