Last Updated: February 12, 2025
These Terms of Service (“Terms”, “Agreement”) govern your use of our software and services (“Service”) provided by Cruva LLC (“Cruva”, “us”, “we”, or “our”). This Agreement is legally binding between you (“User”, “Client”, “you”, “your”) and Cruva. By using our Service, you agree to these Terms. If you do not agree to these Terms, please do not use our Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree to notify Cruva immediately of any unauthorized use of your account or any other breach of security.
Subject to your compliance with these Terms and payment of all applicable fees, Cruva grants you a non-exclusive, non-transferable, revocable license to access and use the Service during the applicable subscription term, solely for your internal business purposes in connection with managing affiliate marketing activities on supported platforms, including TikTok Shop.
You shall not: (a) sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service; (b) modify or make derivative works based upon the Service; (c) reverse engineer or access the Service in order to build a competitive product or service; or (d) copy any features, functions, or graphics of the Service. Cruva reserves all rights not expressly granted herein.
Your Data: You retain all right, title, and interest in and to any data, content, or information that you submit, upload, or otherwise make available through the Service (“Client Data”). Cruva does not claim ownership of Client Data. You grant Cruva a limited, non-exclusive license to use Client Data solely to provide and improve the Service.
Analytics & Reports: Any reports, analytics, or insights generated by the Service using your Client Data are considered part of your Client Data and belong to you. Cruva may use anonymized, aggregated data that does not identify you or any individual for the purpose of improving the Service, developing new features, and conducting research.
Cruva IP: Cruva and its licensors retain all right, title, and interest in and to the Service, including all software, technology, algorithms, designs, and documentation. Nothing in these Terms transfers any Cruva intellectual property to you.
Each party acknowledges that in the course of using the Service, it may receive or have access to confidential information of the other party (“Confidential Information”). Confidential Information includes, but is not limited to, business strategies, customer lists, creator data, campaign performance data, pricing information, technical data, product plans, and any information designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party; and (c) use Confidential Information only as necessary to fulfill its obligations or exercise its rights under these Terms.
These confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives reasonable notice to the disclosing party. These obligations survive termination of these Terms for a period of three (3) years.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You represent and warrant that you have all necessary rights and permissions to use and share any Content you make available through the Service.
Cruva will use commercially reasonable efforts to make the Service available 99.5% of the time during each calendar month, excluding scheduled maintenance windows. Scheduled maintenance will be communicated to users in advance where practicable.
Cruva provides customer support via email at info@cruva.com during standard business hours (Monday through Friday, 9:00 AM to 6:00 PM PST, excluding US public holidays). We aim to respond to all support inquiries within one (1) business day. Enterprise clients on applicable plans may receive enhanced support terms as set forth in a separate service level agreement.
The Service depends on third-party platforms, including but not limited to TikTok and its APIs. Cruva is not responsible for downtime, changes, or disruptions caused by third-party platforms. In the event of material changes to a third-party platform that significantly impact the Service, Cruva will use reasonable efforts to notify affected users and adapt the Service accordingly.
Cruva is designed to operate in accordance with the terms of service and policies of the platforms it integrates with, including TikTok Shop. Cruva will use commercially reasonable efforts to maintain compliance with applicable platform policies and to adapt the Service as those policies evolve.
However, Cruva does not guarantee uninterrupted access to any third-party platform. If a platform materially restricts or revokes Cruva’s access such that the Service cannot be substantially provided, Cruva will notify affected users promptly. In such an event, affected users may terminate their subscription and receive a pro-rated refund for the unused portion of their current billing cycle.
Cruva implements and maintains appropriate technical and organizational measures to protect Client Data against unauthorized access, alteration, disclosure, or destruction. These measures include, but are not limited to, encryption of data in transit and at rest, role-based access controls, regular security assessments, and monitoring of systems for potential vulnerabilities. Full details of our security practices are described in our Privacy Policy. Cruva will notify affected users of any confirmed security breach involving Client Data without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach.
To the maximum extent permitted by applicable law, Cruva, including its directors, employees, and agents, will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from: (a) your use of, or inability to use, the Service; (b) any unauthorized access to or alteration of your data; (c) any third-party conduct on the Service; or (d) any other matter relating to the Service.
Cruva’s total cumulative liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to Cruva during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.
By Cruva: Cruva shall indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Cruva’s breach of these Terms; (b) any claim that the Service infringes or misappropriates a third party’s intellectual property rights; or (c) Cruva’s gross negligence or willful misconduct.
By You: You shall indemnify, defend, and hold harmless Cruva and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Service in violation of applicable laws or third-party rights; or (c) any Client Data you provide through the Service.
With your prior written consent, you may grant Cruva a non-exclusive, worldwide, royalty-free, and revocable license to use your business name, trademark, and logo solely for the purpose of identifying you as a customer on Cruva’s website, landing pages, and other marketing materials. This includes display within “Trusted By” sections and customer lists. You may revoke this permission at any time by contacting us at info@cruva.com, and Cruva will remove your branding within ten (10) business days of receiving such request.
We offer a 72-hour trial to new customers for evaluation purposes. Only one trial per individual or entity is permitted. If we reasonably determine that a user has created multiple accounts to circumvent this policy, we reserve the right to terminate the additional accounts and charge the payment method on file for the standard cost of the Service. By signing up for the trial, you acknowledge and consent to this policy.
Trial Abuse Detection: We monitor accounts to prevent abuse. Abuse is defined as creating multiple accounts by the same individual, household, or entity for the purpose of obtaining additional trials. Indicators of abuse may include matching payment information, email addresses, IP addresses, or other identifiers across accounts.
We offer a 7-day refund policy from the date of your most recent payment. If you are not satisfied with the Service, you may request a refund within this 7-day window by contacting our support team at info@cruva.com. Refunds will not be granted for any payments beyond this 7-day period.
Billing is straightforward and fully self-managed. You may cancel your trial or subscription at any time through your account dashboard. Once canceled, you will not be charged again, and your access will continue until the end of the current billing cycle. No pro-rated refunds are issued for unused time after the refund window has passed, except as expressly provided in Section 7 (Platform Compliance).
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ notice prior to any new terms taking effect by posting a notice on our website or sending an email to the address associated with your account. Your continued use of the Service after such notice constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may terminate your account before the new Terms take effect.
Either party may terminate these Terms at any time by providing written notice. Cruva may suspend or terminate your access to the Service immediately if you materially breach these Terms, and such breach remains uncured for ten (10) days after written notice (except that no cure period is required for breaches of Sections 2, 4, or violations of applicable law, which may result in immediate termination).
Upon termination, your right to use the Service will immediately cease. Cruva will make your Client Data available for export for a period of thirty (30) days following termination, after which Cruva may delete your Client Data in accordance with its data retention policies. Sections 3, 4, 9, 10, and 17 shall survive termination of these Terms.
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or through the courts as set forth in Section 17. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.
Entire Agreement: These Terms, together with the Privacy Policy and any applicable order form or service level agreement, constitute the entire agreement between you and Cruva with respect to the Service and supersede all prior agreements and understandings. In the event of a conflict between these Terms and a separately executed enterprise agreement or master service agreement, the terms of such separate agreement shall prevail.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
No Waiver: The failure of Cruva to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Cruva’s prior written consent. Cruva may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
If you have any questions about these Terms, please contact us at info@cruva.com.