Terms of service

Please read and understand the following Terms of Use before using any scrunch.com related services.

The included Terms of Use are applicable to all uses of the scrunch.com website including but not limited to;

What We Do

Scrunch is a business intelligence tool that monitors, ingests and analyses data for the purposes of provided marketing analytics to brands, retailers and agencies.

Acceptance of Terms

  1. Scrunch is owned and operated by Scrunch LLC, EIN 47-2530846 (‘We’, ‘us’, ‘our’), a company duly formed in Delaware, United States of America.
  2. By accessing or using Scrunch, You agree to be bound by these Terms of Use and our Privacy Policy. These Terms of Use govern Your access to and use of Scrunch. If You do not agree to these terms, please exit Scrunch immediately.
  3. We reserve the right to modify, permanently or temporarily disable or discontinue any part of Scrunch and to alter, amend or withdraw any part of the Privacy Policy, these Terms of Use or any information or material appearing on the site without liability or further notice to You.
  4. Your continued use of Scrunch will constitute an automatic acceptance of any alteration, withdrawal or amendment of same.

Registered Users and Access

  1. To become a user (‘you’, ‘your’), you must register and create an account for the Scrunch analytics software.
  2. You are required to provide your name, email address and password.
  3. You agree to provide us with complete and accurate account information and keep such information up to date.
  4. You agree to protect your account registration details.
  5. Subject to these Terms of Use, upon registering as a user, We grant You a limited, non-exclusive, non-transferable, licence to use Scrunch. We reserve the right to revoke this licence and close Your user account at any time for any reason.
  6. You may not transfer your registered user account without the written permission of Scrunch.
  7. If you register as a user on behalf of a “client”, such as a company, brand or any entity that is not you, you represent and warrant that you are authorised to bind that client to these Terms of Use.
  8. You agree to notify Scrunch immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of this service.
  9. You provide permission for Scrunch to access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
  10. You are solely responsible for activities that occur under or through your account, including activities initiated by third parties, even if such activities are not authorized by you.
  11. If you allow a third party to access Scrunch on your behalf, you shall ensure that the third party is bound by, and abides by, the terms of this agreement.
  12. If We in Our absolute discretion determine that You have breached these Terms of Use, We may immediately and without further notice suspend Your access and use of Scrunch, and may delete any data associated with Your account. If We terminate Your account, You must not create another without our written permission. Termination under this section does not limit the licence and warranties given in clause 4. Licenses below.

Licences

  1. You shall retain ownership of any information, data and statistics that Scrunch obtains from additional access or links to your website not available in the public domain, such as raw data and log files generated by and/or provided to the Scrunch analytics software, including any data obtained through a direct API integration with a third party (for example: Google Analytics).
  2. You hereby grant Scrunch a royalty free, irrevocable right and licence to access your registered domains and web pages and to access and log:
    1. any data and information concerning users’ actions, entries, or activities on your domains and web page(s),
    2. any data and information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your domains and web page(s) (e.g., URL information and HTTP header information), and/or
    3. any data or other information you provide to Scrunch for the purposes of
      1. providing you with reports and other functions related to Scrunch services;
      2. analysing and improving Scrunch related services; and/or
      3. utilising aggregate data derived from your use of Scrunch services to compile statistics, metrics, insights and general trend data about the Scrunch services for, among other things, Scrunch’s marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.
  3. You represent and warrant that you have permission and all rights, licenses, and consents required to license client data to Scrunch on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

Posting and Republishing Content To and Through Scrunch

  1. By uploading or posting content to and through Scrunch to external social networks or publishing tools, You grant Us a perpetual, non-exclusive, royalty-free, world-wide licence to all intellectual property in that content, including the rights to sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit such materials in Our ordinary course of business.
  2. You warrant and represent that:
    1. You own, or otherwise have full legal right to provide the content and intellectual property licence in (a) above;
    2. You have obtained consent from any person pictured in the content (including consent from parents or guardians for any person under the age of 18) and publishing their likeness on Scrunch does not breach any third party privacy or publicity rights;
    3. the content does not infringe any third party intellectual property rights, is not defamatory or confidential.
  3. We reserve the right to exercise editorial control over any content on Scrunch, including any content You provide.

Privacy and Confidentiality

Privacy and Confidentiality

  1. Unless the relevant party has the prior written consent of the other or unless required to do so by law:
    1. Each party's obligations under this clause will survive termination of these Terms of Use
    2. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
    3. Each party's obligations under this clause will survive termination of these Terms of Use
    4. The provisions of clauses 6.1 shall not apply to any information which:
      1. is or becomes public knowledge other than by a breach of this clause;
      2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
      3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
      4. is independently developed without access to the Confidential Information.
  2. Scrunch’s Privacy Policy is incorporated into this Agreement by this reference and is available at https://www.scrunch.com/legal/privacy-policy.

Use of Cookies by Scrunch for Visitors to Your Website/s

  1. Scrunch may store cookies on computers used by visitor/s to your website. These cookies contain values that allow Scrunch to detect;
    1. if the visitor is
      1. a returning visitor
      2. a first-time visitor to your web page(s),
    2. when the visitor last visited the web page(s)
    3. if you are conducting Two Sample Hypothesis (A/B) testing and which test group the visitor is in.
    4. Unless you direct us to do so, no personally identifiable information relating to the visitor is stored within these cookies.
  2. By using Scrunch and implementing the use of such cookies, you represent and warrant that:
    1. you will comply with all applicable laws relating to the placement of such cookies on visitors’ computers
    2. you have posted (or you will post) a privacy policy on each website on which you use Scrunch, which clearly and conspicuously discloses the use of such cookies and
    3. you have obtained all required consents and authorizations from your website visitors relating to the use of such cookies.

Visitor Data & Information Obligations

  1. Scrunch allows you to link anonymous data regarding your Visitors’ activities and actions on your web page(s) with personally identifiable information that you may have elected to collect regarding the visitor. You shall be solely responsible for the consequences of all associated uses of such data.
  2. You represent and warrant that:
    1. you will comply with all applicable laws, relating to the collection, use and disclosure of visitor data, including personally identifiable information, to Scrunch;
    2. you will provide all required notifications and obtain all required consents and authorizations from your website visitors to permit Scrunch to collect, obtain and/or use visitor data, including personally identifiable information, relating to visitor use of your website.
    3. you will not use the Scrunch to collect or analyse sensitive personally identifiable information.
    4. you have posted or will post a privacy policy on each website on which you use Scrunch, which contains a link to Scrunch’s Privacy Policy and clearly and conspicuously states that:
      1. you use third-party service providers to provide certain services to you in connection with your operation of such website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website;

Security

  1. Your Scrunch account is protected by a username and password.
  2. Your Scrunch account should only be accessed by you or authorized third parties.
  3. You should take steps to protect against unauthorized access to or use of your username and password.
  4. You should remember to log off when using any shared computer or device.
  5. Scrunch has implemented reasonable security mechanisms to protect your information and data from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access data, information you provide to Scrunch, information we compile on your behalf, and/or information that we collect about you.
  6. Scrunch cannot guarantee the security of such information and is not responsible for unauthorized access to your account or data.

Information Access

  1. Scrunch will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating further information or analysis which has been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to;
    1. conform to legal requirements
    2. protect and defend the rights or property of Scrunch
    3. enforce agreements with clients and/or visitors to our Website
    4. troubleshoot problems or
    5. create Scrunch aggregated reports.

Scrunch Aggregated Reports

  1. Scrunch reserves the right to aggregate certain categories of client and user data across some or all of the websites as specified in clause 4. Licenses.

Warranties and Obligations

You agree to:

  1. comply with these Terms of Use and all applicable laws and regulations;
  2. comply with Our privacy policy and any other policy We publish on Scrunch from time to time;
  3. use Scrunch in good faith and for lawful purposes.

You must not:

  1. disclose Your authentication details (password, etc.) to any other person;
  2. do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;
  3. upload or post any content in violation of any third party intellectual property rights;
  4. post commercial advertisements or promotional material without Our consent;
  5. cause annoyance, inconvenience or needless anxiety to others;
  6. collect, or attempt to collect, information from Scrunch (including information about other users) unless permitted by these Terms of Use;
  7. reproduce, distribute, re-transmit, upload, repost, or “frame” any of the information or material on Scrunch for any purpose. These activities are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use;
  8. disrupt, modify, interfere or copy the layout of the Scrunch website or any associated computer software or code contained in the Scrunch website, hardware and/or servers in any way;
  9. Impede or interfere with others’ use of Scrunch and further, alter or tamper with any information or materials on or associated with Scrunch;
  10. Attempt to gain access to Scrunch’s servers by any means, other than by http requests using a web browser.
  11. Use the software in a manner that is inconsistent with any user documentation, if any, supplied to you by Scrunch or inconsistent with any standard security procedures, if any, accessible through your user interface.
  12. Attempt to reverse engineer, hack into, or compromise any aspect of the Scrunch Technology and Service, or attempt to access data or account information of any other customer of Scrunch;
  13. Use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.

Service Failures

  1. Scrunch recognises clients appreciate a continuous operating environment, however Scrunch shall have no liability and does not guarantee for, any downtime, without limitation and exception.

Third Party Sites Linked Through Scrunch

  1. Scrunch may contain links to third party websites, including news sites, e-commerce sites and other information and services outside Our control. We are not responsible for the information or material contained on those linked websites.
  2. We do not endorse any aspect of these third party services.
  3. You use these third party services at Your own risk.
  4. If You choose to purchase goods or services from a third party, including one accessed from Scrunch, You are entering a separate agreement with that third party, and expressly agree that Scrunch is not a party to any such transaction.

Third Party Apps and API Integration

  1. You may only create, use or distribute a third party app that interacts with Scrunch with our prior written permission, subject to such additional developer terms as we publish on Scrunch or agree with you.
  2. Third party apps using our API are strictly prohibited from storing any personal information (including authentication details) of Scrunch users without prior express consent from the user.
  3. You use and disclose information to third party apps at your own risk.

Intellectual Property Rights

  1. The material on Scrunch is protected under international copyright and other laws governing protection of intellectual property rights. Intellectual property rights in images, trademarks and other content on Scrunch are owned by their respective owners. You may use this material only for personal non-commercial use.
  2. You must not sell, license, rent, distribute, transmit, publicly display, publicly perform, republish or use materials from Scrunch for any commercial purpose without separate written permission from the content owner.
  3. You may post links to article pages on social media or other websites, but note that all information on this site is intended of a general nature. You are responsible for any representation You make about content on Scrunch.
  4. You must not:
    1. hot-link to images or other content on Scrunch;
    2. embed pages or content from Scrunch within frames; or
    3. otherwise republish Scrunch or Scrunch content.
  5. Please contact Us if You wish to republish articles or content from Scrunch anywhere else for any purpose, as some materials are subject to domain specific third party licences.

Termination of Access

We have the right to terminate Your access to Scrunch, for any or no reason, without notice.

Report Abuse / Copyright Claims

  1. We take reports of and abusive content and copyright infringement seriously. If You find any content on Scrunch incorrect, offensive, or suspect that the content infringes Your intellectual property rights, please flag the content within the relevant page (as described here). Alternatively You can notify Us by email to support@scrunch.com (although email notifications may take longer to process).
  2. Please report any violations of these Terms of Use by email to support@scrunch.com

Disclaimers

  1. Images, information and representations of products, services, prices and delivery information found on Scrunch, but not owned by Scrunch, are often re-published from third party sources eg blogs, affiliates. We make no representation or warranty that such information is current, accurate, or relevant to Your circumstances. Sellers may change details of products , services, and prices at any time, and you should check the source website for accurate and up to date listings, before relying on this information for any reason (such as deciding to purchase goods or services from a third party).
  2. The information, services and material contained in Scrunch are provided on an "as is" basis. To the maximum extent permitted by law, We disclaim all representations and warranties, express or implied, with respect to such information, services and materials, whether provided by Us, third party contributors or other users.
  3. We take all reasonable efforts to maintain the security and confidentiality of Scrunch and any materials you upload to Scrunch, but we cannot ensure or guarantee the security of your information. For example, hacking, vandalism, hardware or software failure may affect the security and confidentiality of materials you provide, and we take no responsibility for such events.

Limitation of Liability and Indemnity

  1. We only accept liability to You as set out in this clause, or as required by consumer or other laws that cannot be excluded by contract. All other implied conditions or warranties are excluded. To the fullest extent allowable at law, any condition or warranty which would otherwise be implied in these Terms of Use are excluded. We make no warranty as to fitness for any purpose, performance or compatibility.
  2. To the fullest extent allowable at law, You will release and at all times indemnify and keep indemnified Us and Our directors, employees, contractors and other representatives, from any claim, allegation or demand for any loss, cost (including legal fees), expense, or damage arising in relation to:
    1. any indirect, special or consequential loss;
    2. any claim of personal injury or negligence;
    3. Your access to or inability to access Scrunch; or
    4. any act, default, omission, or representation made by any person other than us, Our agents or employees.
  3. To the fullest extent allowable at law, You will release and at all times indemnify and keep indemnified, defend and hold harmless Us and Our directors, employees, contractors and other representatives from all liabilities, demands, actions, claims and expenses, including legal fees that arise in relation to:
    1. Your breach of these Terms of Use;
    2. Your reliance on any information provided in Scrunch, even if We have been advised or ought to know of the possibility of such damage or injury;
    3. the use or misuse of Scrunch by You or anyone to whom You allow to access Your account; or
    4. any content posted on Scrunch by You, or anyone to whom You allow to access Your account.
  4. We reserve the right to assume, at Our own expense, the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defences.

General

Severability

If any of these terms are held to be illegal, invalid or unenforceable by a court of law, that part will be excluded, and the remaining terms will remain in full force.

Dispute Resolution

In the event of a dispute or claim, you agree to attempt to negotiate a settlement or resolution of the dispute in a formal mediation, prior to commencing any court proceedings. We will appoint an independent mediator for this purpose upon request. You agree not to commence court proceedings unless the dispute remains unresolved following mediation conducted as above.

Waiver

Any delay or failure to exercise or enforce Our rights under these Terms of Use will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.

Legal Fees

In the event that We obtain the legal assistance to enforce these Terms of Use for Your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this these Terms of Use may be recovered from You.

Jurisdiction

  1. The laws of the State of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction.
  2. We make no representation that materials on Scrunch are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Representatives, Successors and Assigns

We may assign or novate Our rights and obligations under these Terms of Use at any time. Upon such assignment or novation, Our rights and obligations are binding on and shall benefit Our respective representatives, successors and assigns.

Please direct any questions, comments or concerns about these Terms of Use to support@scrunch.com.