Terms of Service - Crowdable

These are the terms for using Crowdable. They are written to be read, not to be survived. Where a rule limits what you can do, we have tried to say why.

Ten minutes end to end. Section 2 tells you which of the three parties you are, and most of the rest follows. Brands usually want 2, 8, 9, 14, 15, 16 and 18. Ambassadors usually want 2, 3, 6, 7, 11 and 19. Everyone should read 5.

How we handle personal data is in our Privacy Policy, which forms part of these terms. Where the two documents describe the same thing they are meant to agree, and section 16 holds the controller and processor allocation both are meant to carry. That allocation is not finally settled, and section 16 says so plainly rather than publishing a tidy version of something we are still working out. If the two documents ever appear to disagree, tell us and we will fix the drafting rather than argue about which one wins.

1. Who we are

Crowdable is a hosted ambassador-programme platform, operated by Crowdable SIA, a private limited company registered in Latvia at Ventspils nov., Tārgales pag., Tārgale, “Zelmeņi” - 4, LV-3621.

Registration number: 40203708984. We are not registered for VAT, so we have no VAT number and our invoices carry no VAT.

Reach us at crowdable@crowdable.co or +371 26126798; once the address above is filled in, post reaches us there. That email is also our single point of contact for regulators and for anything here that says “write to us” - there is one inbox, a person reads it, and we would rather you use it than guess. We use the email address on your account for notices to you.

These terms are a contract between you and us, and a contract binds you when you accept it. There is no acceptance step today: no /terms page exists, nothing at signup or on a brand’s application form asks you to agree, and we keep no record of who accepted which version. So we are not going to claim these terms apply to you from the moment you open crowdable.co - a term nobody was shown, could not read, and never accepted binds nobody, least of all a consumer. Until an acceptance step and a record of it exist, this document describes how we intend to operate rather than what you have agreed to. If you sign up on behalf of a business, you are telling us you may bind it.

2. Three parties, and which one you are

Almost every question about who owes what depends on this.

Us. We build and run the platform, decide who gets an account at all, and invoice for what we sell.
A brand. A business running an ambassador programme in its own workspace. It decides who joins, what its campaigns ask for, what a submission is worth, what rewards it offers, and what its own ambassador agreement says. A brand is our customer.
An ambassador. An individual who joins one or more programmes, posts about those brands, submits proof, earns points and redeems them. They have an account with us and a separate relationship with each brand.

If you are both - a brand admin who also joins someone else’s programme - both roles apply to you, each in its own place.

We are the tool. We are not a party to anything a brand and an ambassador agree between themselves. This is the most important sentence in this document, so it comes first rather than buried in a liability section later. Concretely:

We do not select, vet, endorse or employ ambassadors, and we do not set campaign terms, deliverables, point values or reward catalogues. The brand does all of that.
We do not fulfil rewards. The brand ships, and the brand pays for it. See section 7.
We do not verify anything on Instagram, TikTok, YouTube or any other network. Crowdable has no connection to those services - no login, no API, no scraping. Every follower count and every reach figure here was typed in by a person, and proof of a post is a link plus a screenshot an ambassador uploaded. Treat those numbers as claims, not measurements.
We are not the author of a brand’s ambassador agreement. A brand can publish a versioned agreement in its workspace; we store it, version it, and record who accepted which version. We are not a party to it and we do not review it. Some brands configure none, some leave a version unpublished as a draft, and a brand can mark its agreement optional. Nothing here assumes one exists.

The practical consequence: your arrangement with a brand is not an arrangement with us. If a brand rejects your submission, withholds points you expected, or does not ship a reward you redeemed, that is between you and the brand. We hold the record; we do not decide it and cannot overrule it. We will help where we reasonably can, but we are not the referee and we do not underwrite either side’s promises.

A related split runs through the Privacy Policy: we are controller for the account itself, and a brand’s processor for what that brand does inside its workspace. It is not a clean two-way split, because some things - suspensions, content removals, reports to an authority - we decide ourselves. Section 16 says where the line actually falls and what it costs each of us.

3. Getting an account

There are no passwords on Crowdable. You sign in by opening a single-use link we email you, valid for 30 minutes. Sessions last 30 days and refresh as you use the service. Keep control of your email account, because whoever controls it controls your Crowdable account - we have no other way to tell you apart.

Two ways in. The waiting list: you ask at /signup and a person approves or declines by hand, because we onboard brands one at a time and only take on what we can actually support. We email you either way, and we record the decision so a declined request is not re-reviewed indefinitely; if you think a decline was a mistake, write to us and we will look again. A brand invitation: your account opens immediately, because the brand has already made that judgement and we do not re-run it.

Applying to a brand’s programme is not the same as having an account. A brand shares an unlisted application link; the link is the address, there is no public brand page, and nothing there is indexed. An application can sit in that brand’s queue - your name, email, country, social handles and written answers - before any account exists. The account is created when the brand accepts you and an invitation is issued. Until then the brand is the controller of what is in the application; to withdraw one, ask the brand, or ask us and we will route it.

You must be at least 16, which matches the Privacy Policy. We do not verify age at signup, so this is a promise you make to us, not a check we run. If you tell us an account belongs to someone younger, we will close it.

One account, one person. Do not share sign-in links. Changing the email address on an account is something we do rather than a brand, because the address is the identity.

4. Notifications, email and push

Transactional email - sign-in links, invitations, waiting-list decisions, invoices, programme notifications - goes through Resend, our email provider. We also send automated reminders on a schedule: activity nudges and onboarding reminders.

If you allow it in your browser, we store a push subscription for that browser and send web push notifications. You can turn that off in your browser, and per-kind email preferences are in your settings. Sign-in links and anything we must send you by law are not optional, because without them the account does not work.

5. Rules for using Crowdable

These rules exist because everything you upload is shown to other people - a brand’s admins, sometimes that brand’s other ambassadors, and on the feature board every signed-in user. What follows is not boilerplate; each item is something the product actually makes possible.

Do not upload or submit:

Content you do not have the rights to - photos, footage, music, logos, brand books or fonts.
Content that is illegal where you are or where we are: infringing material, defamation, threats, harassment, hate speech, content sexualising minors, or anything that breaches someone’s privacy.
Malware, or files disguised as something they are not.
Proof of a post that is faked, borrowed, recycled from an earlier campaign, or reported with inflated reach or engagement. Points are awarded on the strength of that proof, so a false submission is a false claim for value.
Someone else’s personal data you have no right to share - delivery details, contact details, screenshots of private messages.

Do not:

Try to reach another brand’s workspace or another ambassador’s data. Isolation between tenants is enforced on the server, and probing it breaches these terms as well as being a likely offence.
Impersonate a person or a brand, or misrepresent who you are.
Automate access, scrape the product, work around the file size limits, or hammer the sign-in endpoints. We rate-limit /login, /signup and the authentication API, and we log every refusal.
Use the feature board to identify, solicit or disparage other brands or their ambassadors. Board posts show a role label and never a name, on purpose - a named cross-tenant board would leak which brands have which ambassadors to their competitors - so do not defeat it by naming yourself or your brand in the text.
Misuse the support system, including by trying to see another party’s tickets. An ambassador’s ticket to us about a brand is not visible to that brand, by design.

Brands, additionally: do not run a programme that asks ambassadors to break the law or a platform’s rules, and do not use the ambassador data in your workspace for anything you have not told those ambassadors about.

These are not house-keeping rules. Nearly all of them protect another user rather than us, which is why we enforce them rather than just publishing them.

Disclosure of paid or incentivised posts is your obligation. If a brand gives you product, points redeemable for product, or anything else of value in exchange for posting, the law in most countries requires you to disclose it - #ad, #gifted, a paid-partnership label, whatever your regulator expects. Follow the brand’s brief, and if the brief does not mention disclosure, disclose anyway. Crowdable does not add disclosures for you and does not check for them. Brands are responsible for briefing ambassadors on what their own advertising rules require.

6. Your content, and the rights in it

You keep ownership of everything you upload. We do not claim it, and we will not sell it or license it on.

What you grant us is a limited, worldwide, royalty-free licence to host, store, copy, transmit, resize, crop, transcode and display your content - only as far as needed to run Crowdable and show it to the people it is meant for. It extends to the infrastructure providers named in the Privacy Policy and to nobody else, and it lasts as long as the content is on the platform plus the short period our backups take to age out. We do not use your content in our own marketing without asking first. So far as the law where you live allows, you agree not to assert moral rights against the cropping, resizing and reformatting the product does automatically; where those rights cannot be waived, this is a promise not to enforce them against that handling.

What ambassadors grant brands comes from the ambassador, not from us. We grant a brand nothing in your content, because those rights were never ours to pass on: the licence you give us above is narrow on purpose and could not support a sub-licence even if we wanted one. Two things give a brand what it holds. Its own ambassador agreement, where it has one, says what it may do with your work. And submitting content into a brand’s campaign is itself you handing that brand the submission for the purpose the campaign asked for, which is what lets the brand view, store and internally use it as the record of the work done for it. What we supply is the software the submission sits in. Brands: reposting, running it as an ad, or using it in your own marketing is a bigger permission - put it in your ambassador agreement and get it accepted, or ask. Ambassadors: read that agreement before you accept it. It decides what a brand may do with your work, not this document.

What brands grant ambassadors is also the brand’s call: assets, logos, media kits and campaign material go to that brand’s ambassadors so they can make content, and only for that.

You warrant your content is yours to upload - you made it, or have permission, including from anyone recognisable in it - and that it does not breach section 5. Brands, this includes typefaces: if you upload a font file, we host it and serve it to your ambassadors, and most commercial font licences do not permit that. Check before you upload rather than after.

Indemnity. If a claim is brought against us because of something you uploaded, you will cover our reasonable costs and damages arising from it, and we will tell you promptly and give you the chance to take it on. This indemnity is the practical consequence of us not policing content before it goes up: we host what you give us, so the risk of what you give us stays with you. It does not apply to you if you are a consumer under section 19.

Feedback you give us about the product, including on the feature board, we can use freely and without owing you anything.

Our own property. The Crowdable platform, its software, design, name and logo are ours. Using Crowdable gives you the right to use it as offered, for as long as your contract runs, and nothing more. Do not copy it, resell it, reverse-engineer it, or use it to build a competing product.

Publicity. We would like to name you as a customer and use your logo on our site. We will ask first, and you can withdraw permission at any time by writing to us.

7. Points, rewards and redemptions - read this one

Points are the part people misunderstand most, so we will be blunt.

Points are not money. No cash value, no exchange rate, no connection to any currency. Not a payment, not a wage, not a voucher, not a stored-value instrument, not a financial product. They are a score inside one brand’s programme.
You cannot cash them out, transfer them, sell them, or move them between brands. Points earned with one programme cannot be spent in another, because each brand funds its own rewards out of its own pocket.
The brand awards them, and can adjust them. Points arrive when a brand approves a submission; reversing an approval writes an equal and opposite entry. Brands can also set an opening balance and make manual corrections. The ledger is append-only, so a balance is always the sum of what happened, and corrections show as corrections rather than edits.
The brand sets the catalogue - what rewards exist, what they cost, how many remain - and can change or withdraw them.
Redeeming debits your points immediately. If the brand rejects the redemption, they are refunded, exactly once.
The brand owes the reward, not Crowdable. We never fulfil a reward, never hold stock, never handle the goods, and take no part in shipping, carriage, customs, duty, returns or refunds. If a reward does not arrive, take it up with the brand - we cannot make them send it, though we will help you reach them.
What happens to unspent points when a programme ends is not settled, and we are not going to state a forfeiture rule we have not decided and have not built. Points live inside one brand’s programme, we never hold anything behind them, and there is nothing for us to transfer or pay out. But losing an accrued balance because of something you did not choose - a brand removing you, or a brand ending its own contract with us over fees you owe nothing towards - is exactly the kind of term consumer law treats as unfair, and nothing in the product enforces forfeiture today. Until it is settled, treat this as open rather than as a rule against you, and see section 19 if you are a consumer.

Where a reward has to be sent to you, you give the brand a delivery name, address, phone number and sizes, and we store those on your membership of that brand - as that brand’s processor, on its instruction. Each brand gets them separately; a brand you have not given them to does not have them. The redemption record itself deliberately holds no address.

Brands: fulfilment is yours. If you cannot fulfil a redemption, reject it in the app so the points are refunded - do not leave it sitting at requested. An ambassador’s remedy for an undelivered reward is against you, and only you. Consider too whether your own tax, consumer or promotional-marketing rules treat a points-for-product scheme as something more than goodwill; that assessment is yours, not ours.

If a brand’s own agreement promises an ambassador something better, that agreement wins as between them.

8. What we charge

Crowdable is sold to brands under an agreement made with us directly; scope, term and price are set there or on an order we both sign. These terms sit underneath it. Where the signed agreement and these terms conflict on price, term, service levels or liability, the signed agreement wins.

One plan is built but not live yet: priority onboarding, $4,999 USD, once. No subscription, no seat count, no usage tiers. It buys four things, worded as the checkout page words them: we set your brand up ourselves, with you, this week; your first campaign live rather than queued; your first three months of Crowdable included; and a direct line to us while you get going.

Nothing is on sale today. The offer is switched off unless we deliberately enable it, no payment processor is connected, and nobody has bought it. The rest of this section describes how it will work when we turn it on, so that a brand we approach can read the deal before agreeing to it - not because there is a checkout waiting. If we are talking to you about price at all, it is a conversation with a person, and what we agree in writing is what binds us.

Two honest limits. “This week” means the working week following payment, assuming you are available to us for setup; if you are not reachable, the clock is on you, not on us. “First three months included” means we will not invoice you for the platform during that period - afterwards, continued use is on whatever ongoing terms we agree in writing. That period belongs to this plan and to nothing else: an account opened any other way is not running a three-month clock, and there is no free tier hiding behind this sentence. The plan is also capacity-capped, and we will not sell it to an applicant we have already declined. Paying opens your account and skips the queue; it does not buy a decision we would otherwise have refused. Read those three months against section 9: where nothing is signed, either of us can end the arrangement on 30 days’ notice, which is shorter than the term you paid for, and nothing in the product records when such a term starts or ends. Section 9 carries the open question and this section does not sell around it.

Payment is not automated. There is no payment processor connected to Crowdable - the checkout screen has a stand-in where the card form will go, and confirming it settles the invoice without taking money. So if we offer you priority onboarding we will tell you how to pay and settle it with you directly, and we are not going to describe a checkout in a contract when the product does not have one. What does exist is the invoice document:

A numbered invoice with a date, a due date, and line items frozen at issue. If we change the offer afterwards, an invoice already sent does not re-price or re-word. It is the record of what you actually bought.
It is open for 7 days. Not a payment term in the credit sense - it is when an unpaid link goes stale and we assume you have changed your mind.
Anyone holding the link can pay it, so you can forward it to your finance team. Treat it as confidential; we cannot tell an unauthorised payer from an authorised one. Cancelling is different: only the account holder can withdraw an invoice, and only while it is unpaid, which voids it and leaves you where you were in the queue.
Your account opens when payment clears. Where a payment is reconciled by hand, opening the account is a second, separate decision made by a person who has looked at the bank, so it can lag by a day.
We cannot void an invoice you have already paid. Money has moved, and cancelling the document afterwards would be a lie about what happened. If a paid invoice was wrong, we correct it with a credit note or a refund, not by deleting it.
If we take your money and then decline to open your account, we refund it in full. That case is not negotiable.

Tax. We are not registered for VAT, so we do not charge it and an invoice from us will not show a VAT line. That is a statement about our position today, not a promise about yours: if VAT is due at your end under your own member state’s rules, it is yours to account for, and if our position changes we will invoice VAT from that point without it being a price rise. If a withholding tax applies at your end, the amount you pay us is grossed up so we receive the invoiced sum - a deduction at your end is your cost, not a reduction in our fee.

9. Term, and ending the contract

Priority onboarding is a one-time purchase, but it is not termless: section 8 puts three months of platform use inside it, so a brand that pays will have bought a period, not only a setup. Nobody has yet, because the plan is not live - which is the reason the next paragraph is a warning rather than a dispute. For ongoing service beyond that the term is what your signed agreement says. Where nothing is signed, either of us may end the arrangement on 30 days’ written notice, for any reason or none, and either of us may end it immediately if the other commits a material breach and does not fix it within 30 days of being told, or becomes insolvent.

Those two things pull against each other and we are not going to pretend otherwise: 30 days’ notice for any reason is shorter than three months paid for, the refund position for the difference is open in section 8, and nothing in the product records a term start, an expiry or a renewal, so neither of us could measure the period being cut short. That is cheap to fix now and expensive to fix after the first sale, which is the whole argument for settling it before the plan goes live.

When a brand workspace ends: we keep it readable for at least 30 days from the end date. Ask us and we will help you get your data out - today that is a manual job we do for you rather than a self-serve export, so tell us early. After that window we delete the workspace and its content on the timeline in the Privacy Policy, except where the law requires us to keep something. Ambassadors in that programme lose access to it; their accounts and their memberships of other brands are unaffected, and what happens to their unspent points there is the open question in section 7.

When an ambassador leaves a programme, or a brand removes them: submissions already made stay in the brand’s workspace, because they are the record of work that was actually done and because the brand, not us, controls them. Access to the support threads held with that brand ends. Unspent points are, again, section 7.

Closing your own account. Write to crowdable@crowdable.co and we will do it. Self-serve deletion is not built yet, so this is a manual process on our side - we are telling you that rather than implying a button exists.

What closing an account does not do today is reach the submissions already sitting in brands’ workspaces. A submission is your personal data - your image, your handle, sometimes your face - and it is also a brand’s record of work done for it, and those two things cannot both be honoured by a single promise. So we are not repeating a blanket “everything gone within 30 days” here while that is unresolved: what we will do on request is close the account, stop the sign-in path, and tell you which brands still hold submissions of yours so you can ask them, or ask us to route it. Leaving a single programme does not close your account.

If we stop. If Crowdable itself winds down we will give brands at least 60 days’ notice, keep the export window open through it, and say plainly what happens to the data. There is no fund behind unspent points and we will not pretend otherwise; what a brand has to do about outstanding balances before its programme stops is the open question in section 7, and a wind-down is the case that most needs it answered.

10. Suspension, restriction, and statements of reasons

We may restrict, suspend or close an account where these terms are broken; where an account is being used to attack the platform or reach another user’s data; where a brand has not paid what it owes under a separate agreement with us; or where a court, a regulator or the law requires it. What we do about content is a different power with different limits, and section 11 sets it out on its own.

How we do it matters as much as when. Except where the law requires immediate action, where the account is a repeat infringer, or where waiting would risk real harm to other users or to the platform, we will:

tell you in writing by email - a statement of reasons on a durable medium, saying what we did, why, and which term or law it rests on;
give at least 30 days’ notice before terminating a business user’s account, and keep the section 9 export window open through it;
let you reply, and reverse the decision if you show us we were wrong.

Each of those is done by a person here, not by a system: we write the statement of reasons ourselves, and a different pair of eyes looks again if you ask us to. That is a description of how a small company works rather than modesty about it, and it is the reason the commitments above are worded as things we do rather than as a process you enter.

One automated restriction, named because the paragraph above would otherwise be untrue. We rate-limit sign-in and sign-up (section 5). That throttle is applied by software, without anyone looking, and it can temporarily stop you reaching your own account. It is time-limited and lifts by itself, it decides nothing about you or your content, and if it catches you wrongly, telling us gets it cleared. No other restriction in these terms is automated.

We apply these restrictions in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of everyone involved, including your own fundamental rights. We are a small company, and that sentence is a commitment about how we behave rather than a description of a department.

11. Illegal content, and complaints about our decisions

Where Crowdable sits matters, so this section starts there. Two different kinds of thing reach us, and what we can do about them is not the same.

Some files are ours to hold: proof-of-post images, profile photos, support attachments, news images, campaign assets and reward images all sit in storage we control and are served from it. For those we are a hosting provider, and if we learn that a specific file is illegal, it is our responsibility to act.

An ambassador’s actual post is not ours to hold. It lives on Instagram, TikTok, YouTube or wherever it was published. We store the link to it, and often a screenshot the ambassador uploaded as proof. We cannot edit that post, we cannot take it down, and we do not review what is published there. Policing it is that network’s job, under its own rules and its own legal obligations, and a report to us is not a report to them.

Telling us about something. Email crowdable@crowdable.co with a link or enough detail to find it, what is wrong with it, and how to reach you. We will confirm we received it and tell you what we decided and why. You do not need an account to report something.

What we do with a file we host. We look at it, and where we conclude it is illegal or breaks these terms, we remove it without undue delay. Removal is carried out by a person with access to the underlying systems - there is no moderation queue and no automated scanning, and no file is ever removed by software deciding on its own. We tell the person who uploaded it what we did and why, so a decision is never silent, and section 10’s second look is open to them.

What we do about a post on a social network. We will not adjudicate it, because we are not in a position to: we cannot see what the network sees, we have no way to act on it, and a takedown from us would not remove anything. We will tell you so plainly rather than leave you waiting for a decision that is not ours to make, and point you at the network’s own reporting route. Where the post also breaks the rules a brand set for its programme, we may remove our copy of any proof file, and we may end that ambassador’s participation under section 10 - which is a decision about their place on Crowdable, not about their post.

Criminal offences. Where we become aware of information giving rise to a suspicion that a criminal offence involving a threat to a person’s life or safety has taken place, is taking place or is likely to, we will inform the relevant law-enforcement or judicial authority.

Material that sexually exploits children is the case where the distinction above matters least and we want to be exact rather than reassuring. We do not scan uploads and we run no detection of any kind, so we will not find such a file on our own; what we have is this reporting route and whatever a person here notices. If we do become aware of such a file in our storage, we remove it and report it, and we do not notify the uploader first. If it is a post on a network, the network and the authorities are the ones who can act, and we will say so while reporting what we know.

Complaining about a decision we made. Reply to the message we sent you. A person will look again and we will answer within a reasonable time - we are small enough that this is a real second look rather than a form. If we cannot settle it between us, section 21 covers what comes next.

What we are, under the Digital Services Act. We host what users upload; we do not review it before publication and we have no general obligation to monitor. We do not consider ourselves an “online platform” in the Regulation’s sense, because content in a brand’s workspace reaches that brand’s admitted membership rather than the public - a workspace is closed by default, and the feature board, the one surface shared across brands, is visible only to signed-in users. Our liability for what you upload is limited accordingly. No content decision here or in section 10 is automated; the only automated restriction in these terms is the sign-in throttle named in section 10, which touches access rather than content.

12. Ranking, even-handedness, and who sees what

Ranking. Nothing on Crowdable is ordered by an algorithm and nothing is a recommendation. Lists are ordered by plain things - date, status, name, points, or, on the feature board, vote count - with a stable tiebreak so the order does not shuffle between page loads. A brand’s leaderboard ranks that brand’s own ambassadors by the sum of their points, within that brand only. If this changes, we will say so here first.
No paid placement. We do not sell placement, run ads, or offer our own or an affiliate’s goods in competition with the brands on the platform, so there is no differentiated treatment to disclose.
Data access. A brand sees its own workspace, an ambassador sees the brands they belong to, and we see what we need to run and support the service. No brand sees another brand’s data, and by default a brand’s ambassadors cannot see each other either - that setting belongs to the brand. We enforce this in the server, not in the interface, because the interface is not where security belongs. On routes reached by an unguessable link, a record you may not see is reported as not found rather than as forbidden, because “forbidden” would confirm it exists. No third party gets workspace data other than the infrastructure providers named in the Privacy Policy.
Other channels. Nothing here stops you offering the same thing on different terms anywhere else. We do not ask for exclusivity and we do not ask to be the cheapest.

13. The feature board

The feature board is shared across all of Crowdable rather than confined to one workspace, and posts, comments and votes there are visible to every signed-in user.

We moderate it: we set a status, add a public note, merge duplicates, and hide items. We hide rather than delete, so links keep working and nobody is silently erased. If we decline an idea, we say why in public. If we hide something of yours, we tell you why and you can ask us to look again.

14. Availability and support

We will run Crowdable with reasonable skill and care, and tell you honestly when something is broken.

There is no service-level commitment in these terms - no uptime percentage, no support response time. We would rather say that plainly than publish a number we have not built the monitoring to stand behind. We do not promise the service will be uninterrupted or error-free.

That is a statement about what we add on top of the law, not a subtraction from it. If you are an ambassador - an individual who pays us no money and supplies personal data instead - EU digital-content law gives you conformity rights that no sentence in this section can remove. Section 17 says what they are.

Support runs through the in-product support desk, which routes programme questions to your brand and platform questions to us. Priority is set by whoever answers, not by whoever asks, because the person answering can see the whole queue. Where a signed agreement contains a service-level schedule with credits, that schedule replaces this section.

15. Confidentiality

Neither of us will disclose the other’s non-public business information, and each of us will protect it as carefully as our own. On your side the obvious examples are campaign briefs, unreleased product information, pricing, and your ambassador roster. This does not cover information already public, information the receiving party already had, or a disclosure a court or regulator requires - and where a disclosure is compelled, we will tell you first unless the law forbids it.

16. Data protection

Our Privacy Policy explains what we collect and why, who our infrastructure providers are, and where data sits - the database in Frankfurt, uploaded files in Stockholm.

We are the controller of the account itself: your name and email, sign-in records, the IP address and browser recorded with a session, and the security and rate-limit records we keep to stop abuse. We keep those for the periods the Privacy Policy states and no longer.

We are a brand’s processor for what the brand does inside its workspace: profiles, submissions, delivery addresses and sizes, knowledge-check attempts and scores, agreement acceptances, applications and support threads. That processing runs on the brand’s instructions and for no other purpose. We do not sell it, do not use it to build products for anyone else, and do not show it to another brand.

The split is not clean, and a two-way version of it would be wrong. Where we act on our own initiative rather than a brand’s, we are choosing the purpose ourselves, and that makes us a controller for that processing whatever the data is sitting next to: suspending or closing an account under section 10, removing content we host and issuing a statement of reasons about it under section 11, notifying a law-enforcement or judicial authority of a suspected offence, enforcing the section 5 rules, and keeping the security and rate-limit records above. A processor does not decide on its own criteria to delete someone’s content and report them to the police. Brands: when you write your own Article 30 record, do not copy a clean controller/processor line out of this document or the Privacy Policy - this paragraph is the honest version, and it is still being settled.

Brands are responsible for having a lawful basis for what they collect from their ambassadors, and for answering their ambassadors’ data requests. Ambassadors are welcome to contact us and we will route the request to the right brand.

Because we are your processor, Article 28 GDPR requires a written data processing agreement between us, covering the subject matter, duration, nature and purpose of the processing, the types of personal data, the categories of data subject, and eight specific obligations on us. That agreement is written and is not yet signed with anyone. It is our Data Processing Agreement, it forms part of these terms once accepted, and where it and this section disagree about personal data, it wins. Until you have accepted it, these terms are your instruction to process workspace data only to provide the service and for nothing else - a genuine restriction on us, but not a substitute for the DPA, and not to be relied on as one.

Two consequences belong here rather than in an internal checklist:

Until that agreement is accepted, a brand workspace should not hold live ambassador personal data. Without a written contract both of us are exposed under Article 83(4)(a), and a brand is separately exposed for engaging a processor without one. We will say this at onboarding rather than let a workspace fill up first. Nothing in the product records acceptance of anything today, so this is a build task before it is a legal one.
Six things Article 28(3) requires are not in these terms and live in the DPA instead: telling you without undue delay about a personal data breach, helping you answer your ambassadors’ data-subject requests, helping with data protection impact assessments and prior consultation, naming our sub-processors and giving you a right to object to a new one, submitting to audit and inspection, and deleting or returning workspace data at the end. Your procurement team will ask for all six. They are answered there, and the DPA is also where we list, in its Annex 3, the security measures we do not have - read that annex before you assess us.

17. What we do and do not promise

Beyond running the service with reasonable skill and care and keeping it materially as described on our site, we give no further guarantee about it, so far as the law allows us not to.

Against ambassadors the law does not allow us to, and we are saying so rather than burying it. Directive (EU) 2019/770 on digital content and digital services applies where a consumer supplies personal data instead of paying a price. Ambassadors pay us nothing and supply personal data, so it applies to them in full. That means Crowdable has to match what we described to you and what you can reasonably expect of a service of this kind, we owe you the updates needed to keep it that way, and if it falls short you have the Directive’s remedies. None of that can be excluded by contract, so the paragraph above, the “no promise it is uninterrupted or error-free” line in section 14, and the limits in section 18 do not apply to an ambassador to the extent that Directive says they cannot. Nothing here is an attempt to work around it.

We make no promise about results. Figures on our marketing pages are illustrative of what programmes can do, not a commitment about what yours will do, and we make no promise that a figure an ambassador reports is accurate - section 2 explains why we cannot. We are not responsible for the social networks you post on, or for what they do to your account, your posts or your reach.

We are not a party to the arrangement between a brand and its ambassadors. We do not employ ambassadors, engage them, pay them or supervise their work, and joining a programme does not make anyone our employee. Whether an ambassador’s relationship with a brand is one of self-employment, and what tax is owed on what is received, is between the ambassador, the brand and their tax authority. If local law treats a creator arrangement as employment or agency, that is for the brand and the creator to sort out.

Things outside anyone’s control. Neither of us is liable for a failure or delay caused by something genuinely beyond our reasonable control - an outage at a hosting, database, storage or email provider, a network failure, a state act, a natural event. While it lasts, the affected obligations are suspended rather than breached. If it lasts more than 30 days, either of us may end the contract without penalty.

18. Limits on liability

Some things cannot be limited and we do not try to: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and anything else the law says cannot be excluded. If you are a consumer, nothing in this section takes away rights your own country’s law gives you.

Otherwise, and to the extent the law allows:

Neither of us is liable to the other for indirect or consequential loss, lost profit, lost revenue, lost business, lost goodwill, or the cost of substitute services.
We are not liable for anything a brand or an ambassador does or fails to do - an undelivered reward, an unpaid fee, a campaign that flops, a disclosure that was not made, a post a network removes, or a dispute between them.
We are not liable for content you or another user uploaded, beyond our obligations in section 11.
Our total liability to you, in aggregate for everything arising out of these terms across the whole life of the contract, is capped at the greater of the fees you paid us in the 12 months before the claim, or EUR 1,000. One cap - not one per claim, not one per year.
The cap does not limit fees you owe us, your indemnity in section 6, or a breach by either of us of the platform-property terms in section 6 or of section 15.

We accept this cap is low relative to what a brand’s programme might be worth to it. That is deliberate and it is priced in: we are the tool, not the programme.

19. If you are a consumer

If you use Crowdable as an individual, outside any trade, business or profession, you are a consumer under EU law and those protections cannot be contracted away. This document does not try to.

The choice of Latvian law in section 21 does not deprive you of the mandatory protections of the law of the country you live in.
You can bring a claim against us in the courts of the country you live in, and we can only sue you there.
The liability limits in section 18 do not apply to the extent consumer law says they cannot, and the indemnity in section 6 does not apply to you at all.
If you use Crowdable without paying money and supply personal data instead, which is every ambassador, Directive (EU) 2019/770 gives you conformity rights and remedies in the service itself. Section 17 sets them out, and nothing in sections 14, 17 or 18 takes them away.
If we ever sell something directly to you, you have 14 days to withdraw from a distance contract without giving a reason, unless you asked us to start immediately and the service was fully performed within that period.
In Latvia the consumer regulator is the Consumer Rights Protection Centre (PTAC) and the data protection authority is Datu valsts inspekcija. In your own country the equivalent bodies apply.

If you are an ambassador who does this professionally - a creator working through a company or as a registered sole trader - this section does not apply to you, and section 21 applies as written.

20. Changes to these terms, and to the service

We are a small product under active development. Features will change and some will be removed. We will not remove something you rely on without telling you.

If we change these terms in a way that affects your rights or obligations, we will email account holders and post the new version with a new “Last updated” date, and the change takes effect no less than 15 days later - longer if you need time to make technical or commercial adjustments. Fifteen days is the minimum EU rules on business users require, and we apply it to everyone rather than keeping two clocks. You may end your contract before the change takes effect, and telling us so is enough.

Publication order. These terms incorporate the Privacy Policy, so we do not publish them while that policy is inaccurate. We treat that as an obligation on us rather than a housekeeping preference: incorporating a page we know to be wrong would make its errors representations to every brand that signs. It applies to every later change as much as to the first - if a change here makes the policy inaccurate, both move together, in the same release.

Corrections that are purely legal or factual, that only remove a restriction, or that are required by law may take effect sooner. Nothing we change applies retroactively to something you already bought - an issued invoice is read back exactly as it was issued.

21. If we disagree

Talk to us first. Most things are a misunderstanding, and email is faster than anything else in this section. Write to crowdable@crowdable.co and we will reply - we would appreciate the chance to put it right before it becomes a dispute.

If you are a business - a brand, or a creator trading professionally - these terms are governed by the law of the Republic of Latvia and the courts of the Republic of Latvia have jurisdiction. Section 19 qualifies this for consumers, and we neither can nor try to override it.

Mediation. If a dispute between us cannot be settled directly, we are willing to mediate in good faith before either of us litigates, and we will agree a mediator with you at the time. Mediation is voluntary for both of us: proposing it costs you nothing and refusing it costs you no right to go to court.

22. The rest

Standard contract plumbing. It is here because leaving it out costs more than including it, and each line says what it does.

Survival. Section 6 (the licence tail through our backups, your warranties, the indemnity, our platform property, feedback), section 15, section 16, the liability cap in section 18, section 21, and any fees you owe, all continue after the contract ends.
Severability. If a clause fails the rest stands, and the failed clause is read down to what the law allows rather than struck out entirely - so a cap a court thinks too low becomes the lowest lawful cap, not no cap at all.
No waiver by inaction. If we do not enforce something straight away, that does not mean we have given it up. Without this, tolerating one late payment would forfeit the right to object to the next.
Transfer. You cannot transfer your rights without asking us, because we chose to contract with you. We may transfer ours to a company that acquires our business - the Privacy Policy anticipates this - and we will tell you if it happens.
Nobody else. Nobody other than you and us can enforce these terms.
Whole agreement. These terms, the Privacy Policy, and any written agreement we have signed with you are the whole of what is between us, and they replace anything said earlier. Where a signed agreement conflicts with these terms, that agreement wins. Nothing here affects the separate agreement a brand has with its own ambassadors, which we are not part of.
Language. These terms are written in English, and the English version is the authoritative one.

Written and maintained by Crowdable SIA. Questions, complaints and notices: crowdable@crowdable.co, +371 26126798. The postal address for service of legal process is Ventspils nov., Tārgales pag., Tārgale, “Zelmeņi” - 4, LV-3621. Registration number 40203708984. Not registered for VAT.