Terms of Service
Effective Date: February 2, 2026
Last Updated: February 2, 2026
Agreement to Terms
Welcome to Crow’s Nest (“we,” “us,” “our,” or “Crow’s Nest”). These Terms of Service (“Terms”) govern your access to and use of our budget tracking and project management service located at https://mycrowsnest.app (the “Service”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
Important: Please read these Terms carefully before using the Service. These Terms constitute a legally binding agreement between you (the “Customer” or “you”) and Crow’s Nest.
1. Definitions
1.1 Key Terms
Throughout these Terms, the following definitions apply:
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“Service” means Crow’s Nest’s web-based budget tracking and project management application, including all features, functionality, and related services.
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“Customer” or “you” means the individual or legal entity that has agreed to these Terms and is using the Service.
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“Customer Data” means any data, information, or content that you submit, upload, or transmit through the Service, including data synchronized from your Harvest account.
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“Harvest” means Harvest (Getharvest.com), the third-party time tracking service that the Service integrates with.
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“Subscription” means your right to access and use the Service during the Subscription Term, subject to payment of applicable fees.
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“Subscription Term” means the period during which you have an active, paid subscription to the Service.
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“Documentation” means Crow’s Nest’s user guides, help documentation, and other materials made available through the Service or at https://mycrowsnest.app.
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“Feedback” means any suggestions, enhancement requests, recommendations, or other feedback you provide regarding the Service.
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“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark rights, trade dress rights, service mark rights, goodwill, trade secret rights, and other intellectual property rights.
2. Service Access and Accounts
2.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, Crow’s Nest grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term solely for your internal business purposes.
2.2 Account Registration
To use the Service, you must:
a) Create an Account: Register for an account by connecting your Harvest account via OAuth authentication.
b) Provide Accurate Information: Provide accurate, current, and complete information, including a valid email address.
c) Maintain Security: Maintain the security of your Harvest account credentials. You are responsible for all activities that occur through your account.
d) Notify of Unauthorized Use: Notify us immediately at [email protected] of any unauthorized use of your account or any other security breach.
2.3 Account Eligibility
You represent and warrant that:
a) You are at least 16 years old (or 13 in the United States).
b) You have the legal capacity to enter into these Terms.
c) If you are accessing the Service on behalf of an organization, you have the authority to bind that organization to these Terms.
2.4 Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
Prohibited Activities:
a) Violate Laws: Use the Service in any way that violates applicable laws or regulations.
b) Infringe Rights: Infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
c) Transmit Harmful Code: Upload, transmit, or distribute any viruses, malware, or other malicious code.
d) Interfere with Service: Attempt to interfere with, compromise, or disrupt the Service, servers, or networks connected to the Service.
e) Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
f) Scrape or Crawl: Use any robot, spider, scraper, or other automated means to access the Service.
g) Circumvent Security: Attempt to circumvent any security measures or access controls.
h) Resell or Redistribute: Resell, sublicense, lease, time-share, or otherwise make the Service available to third parties.
i) Compete: Use the Service to develop, commercialize, license, or sell any product, service, or technology that could directly or indirectly compete with the Service.
j) Impersonate: Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
k) Harvest Data: Harvest, collect, or store personal data about other users without their consent.
2.5 Harvest Integration
2.5.1 OAuth Authorization
The Service integrates with Harvest via OAuth authentication. By connecting your Harvest account:
a) You authorize Crow’s Nest to access your Harvest data (clients, projects, time reports) on your behalf.
b) You acknowledge that Crow’s Nest will process your Harvest data in accordance with our Privacy Policy and Data Processing Agreement.
c) You confirm that you have the right to grant Crow’s Nest access to your Harvest data.
2.5.2 Harvest Terms
Your use of Harvest is governed by Harvest’s Terms of Service (https://www.getharvest.com/terms-of-service). Crow’s Nest is not responsible for Harvest’s service, policies, or availability.
2.5.3 Access Revocation
You may revoke Crow’s Nest’s access to your Harvest account at any time through your account settings. Revoking access will disable core functionality of the Service.
3. Customer Data
3.1 Data Ownership
You retain all ownership rights to your Customer Data. Crow’s Nest does not claim any ownership rights in Customer Data.
3.2 License to Process Data
You grant Crow’s Nest a limited license to access, store, process, and display Customer Data solely to:
a) Provide the Service to you
b) Improve and optimize the Service
c) Comply with applicable laws
d) Enforce these Terms
This license terminates when you delete your Customer Data or terminate your account, subject to the retention periods in Section 3.5.
3.3 Data Processing
Crow’s Nest will process Customer Data in accordance with:
a) Privacy Policy: Available at https://mycrowsnest.app/privacy
b) Data Processing Agreement: Available at https://mycrowsnest.app/dpa
c) Applicable Data Protection Laws: Including GDPR, CCPA, and other privacy regulations
3.4 Data Security
3.4.1 Security Measures
Crow’s Nest implements appropriate technical and organizational security measures to protect Customer Data, including:
- Encryption in transit (HTTPS/TLS 1.3)
- Encryption at rest for sensitive data (OAuth tokens)
- Access controls and authentication
- Regular security audits and vulnerability scanning
- Incident response procedures
3.4.2 Security Incidents
In the event of a security incident affecting Customer Data, Crow’s Nest will:
a) Notify you within 24 hours of discovery
b) Investigate the incident and take remedial action
c) Cooperate with you in responding to the incident
d) Document the incident as required by law
See our Data Processing Agreement (Section 9) for full details on data breach procedures.
3.5 Data Retention and Deletion
3.5.1 Retention During Subscription
Crow’s Nest will retain Customer Data for as long as your account is active and as necessary to provide the Service.
3.5.2 Retention After Termination
Upon termination of your account:
a) 30-Day Grace Period: Customer Data will be retained for 30 days to allow account recovery.
b) Permanent Deletion: After 30 days, Customer Data will be permanently deleted from production systems.
c) Backup Deletion: Data in backups will be deleted according to standard backup rotation (maximum 90 days).
d) Legal Retention: Data may be retained longer if required by applicable law.
3.5.3 Data Export
You may request an export of your Customer Data at any time by emailing [email protected]. We will provide data in JSON or CSV format within 5 business days.
3.6 Your Data Responsibilities
You are responsible for:
a) Accuracy: Ensuring Customer Data is accurate and lawful.
b) Backup: Maintaining independent backups of critical data.
c) Rights: Obtaining all necessary rights and consents to provide Customer Data to Crow’s Nest.
d) Compliance: Ensuring your use of the Service complies with applicable laws, including data protection laws.
e) Third-Party Data: If your Customer Data includes personal data of third parties (e.g., employees, contractors), you must have a lawful basis to process such data and provide it to Crow’s Nest.
4. Subscription and Fees
4.1 Subscription Plans
Crow’s Nest offers the following subscription plans:
Free Plan:
- Limited to 1 user
- Core budget tracking features
- No credit card required
Pro Plan:
- $9/month per user
- Unlimited budgets and projects
- Advanced reporting
- Priority support
Enterprise Plan:
- Custom pricing
- Dedicated support
- Custom integrations
- SLA available
Current pricing is available at https://mycrowsnest.app/#pricing.
4.2 Billing and Payment
4.2.1 Payment Terms
a) Subscription Fees: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
b) Payment Method: You must provide a valid payment method (credit card or other accepted payment method).
c) Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
d) Price Changes: Crow’s Nest may change subscription fees with 30 days’ prior notice. Price changes will apply to the next billing period after notice is provided.
4.2.2 Taxes
Fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, VAT, GST, and other taxes, except for taxes based on Crow’s Nest’s income.
4.2.3 Late Payment
If payment is not received when due:
a) Crow’s Nest may suspend access to the Service after 7 days’ notice.
b) You remain responsible for all unpaid fees.
c) Crow’s Nest may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
4.3 Refund Policy
4.3.1 Free Trial
New customers may be eligible for a free trial period. No refunds are provided for free trials.
4.3.2 Monthly Subscriptions
Monthly subscriptions are non-refundable. If you cancel, you will have access to the Service until the end of your current billing period.
4.3.3 Annual Subscriptions
Annual subscriptions may be eligible for a pro-rata refund within the first 30 days of the initial purchase. Renewal payments are non-refundable.
4.3.4 Exceptional Circumstances
Refunds may be provided at Crow’s Nest’s sole discretion in exceptional circumstances, such as prolonged service outages caused by Crow’s Nest.
4.4 Downgrades and Cancellation
4.4.1 Downgrade
You may downgrade your subscription plan at any time. Downgrades take effect at the end of your current billing period.
4.4.2 Cancellation
You may cancel your subscription at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of your current billing period.
4.4.3 Effect of Cancellation
Upon cancellation:
- Access to paid features will be disabled at the end of the billing period.
- You may continue to use the Free Plan (if available).
- Customer Data will be retained for 30 days, after which it will be permanently deleted (Section 3.5).
5. Service Levels and Modifications
5.1 Service Availability
5.1.1 Uptime Target
Crow’s Nest will use commercially reasonable efforts to make the Service available with a target uptime of 99% per month, excluding scheduled maintenance.
5.1.2 Scheduled Maintenance
Crow’s Nest may perform scheduled maintenance with advance notice. We will strive to schedule maintenance during non-peak hours.
5.1.3 No SLA for Free Plan
The Free Plan is provided “as-is” without any uptime guarantees or service level commitments.
5.1.4 Enterprise SLA
Enterprise customers may negotiate a separate Service Level Agreement with specific uptime commitments and remedies.
5.2 Support
5.2.1 Email Support
All customers receive email support at [email protected]. We will respond to support requests within:
- Free Plan: 5 business days
- Pro Plan: 2 business days
- Enterprise Plan: 1 business day (or as specified in SLA)
5.2.2 Priority Support
Pro and Enterprise customers receive priority support, including faster response times and dedicated support channels.
5.3 Service Modifications
5.3.1 Feature Updates
Crow’s Nest may update, modify, or discontinue features of the Service at any time. We will provide reasonable notice of material changes.
5.3.2 Backward Compatibility
Crow’s Nest will use reasonable efforts to maintain backward compatibility, but cannot guarantee compatibility with all integrations or workflows.
5.3.3 Beta Features
Crow’s Nest may offer beta or experimental features (“Beta Features”). Beta Features are provided “as-is” without warranties and may be discontinued at any time without notice.
5.4 Third-Party Services
5.4.1 Harvest Dependency
The Service depends on Harvest’s API. Crow’s Nest is not responsible for:
- Harvest service availability or performance
- Changes to Harvest’s API or terms
- Data loss or corruption in Harvest
5.4.2 Other Integrations
The Service may integrate with other third-party services. Crow’s Nest is not responsible for the availability, performance, or terms of third-party services.
6. Intellectual Property
6.1 Crow’s Nest Intellectual Property
6.1.1 Ownership
Crow’s Nest and its licensors own all right, title, and interest in and to the Service, including:
- Software, source code, and object code
- Service architecture and design
- Trademarks, service marks, and logos
- Documentation and related materials
- All Intellectual Property Rights therein
6.1.2 Reservation of Rights
Except for the limited license granted in Section 2.1, Crow’s Nest reserves all rights in the Service. These Terms do not transfer any ownership rights to you.
6.2 Customer Data Ownership
As stated in Section 3.1, you retain all ownership rights to your Customer Data. Crow’s Nest does not claim any ownership rights in Customer Data.
6.3 Feedback
If you provide Feedback to Crow’s Nest:
a) You grant Crow’s Nest a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate Feedback into the Service.
b) You represent that you have the right to provide such Feedback.
c) Crow’s Nest has no obligation to implement or use Feedback.
6.4 Usage Analytics
Crow’s Nest may collect and analyze aggregated, anonymized usage data to:
- Improve the Service
- Develop new features
- Generate industry benchmarks and insights
This anonymized data does not identify you or your Customer Data and is owned by Crow’s Nest.
6.5 Restrictions
You agree NOT to:
a) Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
b) Use Crow’s Nest’s trademarks, logos, or branding without prior written consent.
c) Create derivative works of the Service.
d) Use the Service to develop a competing product or service.
7. Warranties and Disclaimers
7.1 Limited Warranty
Crow’s Nest warrants that the Service will perform substantially in accordance with the Documentation under normal use during the Subscription Term.
Remedy: If the Service fails to meet this warranty, your sole remedy is:
a) Crow’s Nest will use commercially reasonable efforts to correct the non-conformance; or
b) If Crow’s Nest cannot correct the issue within 30 days, you may terminate your subscription and receive a pro-rata refund of prepaid fees.
7.2 Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7.1, THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
CROW’S NEST DISCLAIMS ALL WARRANTIES, INCLUDING:
a) Implied Warranties: Merchantability, fitness for a particular purpose, title, and non-infringement.
b) Uninterrupted Service: That the Service will be uninterrupted, error-free, or secure.
c) Data Accuracy: That data synchronized from Harvest will be accurate or complete.
d) Third-Party Services: That Harvest or other third-party services will remain available or compatible.
e) Results: That the Service will meet your requirements or achieve any particular result.
f) Compliance: That the Service will comply with laws applicable to your specific use case (you are responsible for ensuring your use complies with applicable laws).
7.3 Warranty Exclusions
The limited warranty does not cover:
a) Issues caused by misuse, unauthorized modifications, or failure to follow Documentation.
b) Third-party software, services, or integrations (including Harvest).
c) Issues caused by your equipment, network, or internet connection.
d) Beta Features or features marked as experimental.
e) Free Plan usage.
7.4 Acknowledgment
You acknowledge that:
a) The Service depends on Harvest’s API and availability.
b) You are responsible for maintaining backups of critical data.
c) You should not rely solely on the Service for business-critical operations without appropriate backup systems.
8. Limitation of Liability
8.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROW’S NEST’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
a) Fees Paid: The total fees paid by you to Crow’s Nest in the 12 months preceding the claim; or
b) Minimum Amount: $100 USD.
This cap applies to all claims in the aggregate, regardless of the number of claims or causes of action.
8.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CROW’S NEST SHALL NOT BE LIABLE FOR ANY:
a) Indirect, incidental, special, consequential, or punitive damages
b) Loss of profits, revenue, or business opportunities
c) Loss of data or business interruption
d) Cost of substitute services
e) Loss of goodwill or reputation
Even if Crow’s Nest has been advised of the possibility of such damages.
8.3 Exceptions
The limitations in Sections 8.1 and 8.2 do NOT apply to:
a) Indemnification Obligations: Your indemnification obligations under Section 9.
b) Gross Negligence or Willful Misconduct: Liability arising from Crow’s Nest’s gross negligence or willful misconduct.
c) Data Protection Violations: Liability for data protection law violations to the extent such limitations are prohibited by law.
d) Non-Disclaimable Liability: Liability that cannot be limited under applicable law (such as personal injury or fraud).
8.4 Basis of the Bargain
You acknowledge that these limitations of liability are an essential basis of the bargain and reflect the allocation of risk between the parties. The fees charged by Crow’s Nest reflect these limitations.
8.5 Mitigation
You agree to take reasonable steps to mitigate damages, including promptly notifying Crow’s Nest of any issues and providing reasonable assistance in resolving them.
9. Indemnification
9.1 Customer Indemnification
You agree to indemnify, defend, and hold harmless Crow’s Nest, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a) Your Use of Service: Your access to or use of the Service.
b) Customer Data: Your Customer Data, including claims that Customer Data infringes or violates any third-party rights or applicable laws.
c) Violation of Terms: Your violation of these Terms or applicable laws.
d) Third-Party Claims: Claims by third parties whose data you process through the Service without proper authorization.
e) Your Business: Your business operations, products, or services that use the Service.
9.2 Crow’s Nest Indemnification
Crow’s Nest agrees to indemnify, defend, and hold harmless you from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a) Infringement Claims: Claims that the Service (excluding Customer Data and third-party services) infringes any third-party Intellectual Property Rights.
b) Data Protection Violations: Claims arising from Crow’s Nest’s violation of its data protection obligations under the Data Processing Agreement, to the extent such liability is not limited by Section 8.
9.3 Indemnification Procedure
For indemnification claims:
a) Prompt Notice: The indemnified party must promptly notify the indemnifying party of the claim.
b) Control: The indemnifying party will have sole control of the defense and settlement, provided that:
- The indemnified party may participate with its own counsel at its own expense.
- The indemnifying party may not settle any claim without the indemnified party’s consent if the settlement requires the indemnified party to admit liability or pay money.
c) Cooperation: The indemnified party will provide reasonable cooperation in the defense.
d) Failure to Notify: Failure to promptly notify does not relieve the indemnifying party unless it materially prejudices the defense.
9.4 Exclusive Remedy
This Section 9 states the indemnifying party’s sole liability and the indemnified party’s exclusive remedy for infringement claims.
10. Confidentiality
10.1 Confidential Information
“Confidential Information” means any non-public information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) that is marked as confidential or would reasonably be considered confidential, including:
a) Customer Confidential Information:
- Customer Data
- Business information, strategies, and operations
- Pricing and contract terms
- Technical information about your systems
b) Crow’s Nest Confidential Information:
- Service source code and architecture
- Proprietary algorithms and techniques
- Business strategies and roadmaps
- Pricing and financial information
10.2 Confidentiality Obligations
The Receiving Party agrees to:
a) Protect Confidentiality: Use the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but no less than reasonable care.
b) Limit Use: Use Confidential Information only for the purposes of these Terms.
c) Limit Disclosure: Not disclose Confidential Information to third parties except:
- To employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations.
- With the Disclosing Party’s prior written consent.
d) Return or Destroy: Upon termination or upon request, promptly return or destroy Confidential Information (except as required to comply with legal or regulatory obligations).
10.3 Exceptions
Confidentiality obligations do NOT apply to information that:
a) Is or becomes publicly available through no breach of these Terms.
b) Was rightfully known to the Receiving Party before disclosure.
c) Is rightfully obtained from a third party without confidentiality restrictions.
d) Is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.
10.4 Required Disclosure
If the Receiving Party is required by law to disclose Confidential Information:
a) The Receiving Party will provide prompt notice to the Disclosing Party (if legally permitted).
b) The Receiving Party will cooperate with the Disclosing Party’s efforts to seek a protective order.
c) The Receiving Party will only disclose the minimum information required by law.
10.5 Data Confidentiality
Note: The confidentiality, processing, and security of Customer Data is governed by:
- Section 3 (Customer Data) of these Terms
- The Privacy Policy (https://mycrowsnest.app/privacy)
- The Data Processing Agreement (https://mycrowsnest.app/dpa)
11. Term and Termination
11.1 Term
These Terms commence when you first access or use the Service and continue until terminated in accordance with this Section 11.
11.2 Termination by You
You may terminate these Terms at any time by:
a) Canceling your subscription through your account settings; or
b) Emailing [email protected] to request account deletion.
Termination takes effect at the end of your current billing period (for paid plans) or immediately (for the Free Plan).
11.3 Termination by Crow’s Nest
Crow’s Nest may terminate these Terms:
11.3.1 For Cause
Immediately upon notice if you:
a) Materially breach these Terms and fail to cure within 15 days of notice.
b) Violate the Acceptable Use Policy (Section 2.4).
c) Fail to pay fees when due after 30 days’ notice.
d) Engage in fraudulent, illegal, or abusive conduct.
e) Become insolvent or subject to bankruptcy proceedings.
11.3.2 For Convenience (Free Plan Only)
Crow’s Nest may terminate the Free Plan at any time with 30 days’ prior notice.
11.3.3 Service Discontinuation
If Crow’s Nest discontinues the Service entirely:
a) Crow’s Nest will provide at least 90 days’ prior notice.
b) You will receive a pro-rata refund of prepaid fees.
c) Crow’s Nest will provide reasonable assistance in exporting Customer Data.
11.4 Effect of Termination
Upon termination:
a) Access Disabled: Your access to the Service will be immediately disabled (or at the end of the billing period if you canceled).
b) Data Retention: Customer Data will be retained for 30 days to allow data recovery, then permanently deleted (Section 3.5).
c) Payment Obligations: You remain responsible for all fees incurred before termination. No refunds are provided except as specified in Section 4.3.
d) Survival: Sections that by their nature should survive termination will survive, including Sections 3 (Customer Data - ownership and deletion), 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Confidentiality), and 12 (General Provisions).
11.5 Data Export Before Termination
You are strongly encouraged to export your Customer Data before terminating your account. After the 30-day retention period, Crow’s Nest cannot recover deleted data.
12. General Provisions
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [YOUR_JURISDICTION], without regard to its conflict of laws principles.
For EU Customers: Nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.
12.2 Dispute Resolution
12.2.1 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.
12.2.2 Jurisdiction and Venue
If informal resolution fails, disputes shall be resolved in the state or federal courts located in [YOUR_JURISDICTION], and you consent to the personal jurisdiction of such courts.
Alternative (Arbitration):
Alternatively, you may choose to include an arbitration clause here:
Any dispute arising out of or related to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in [YOUR_JURISDICTION]. The arbitrator’s decision shall be final and binding. Notwithstanding the foregoing, either party may seek injunctive relief in court to protect intellectual property rights.
12.2.3 Class Action Waiver
To the extent permitted by law, you agree that disputes will be resolved on an individual basis and not as part of a class action, consolidated action, or representative action.
12.3 Force Majeure
Crow’s Nest shall not be liable for any delay or failure to perform obligations under these Terms due to circumstances beyond its reasonable control, including:
- Acts of God (earthquakes, floods, pandemics)
- War, terrorism, civil unrest
- Government actions or restrictions
- Internet or telecommunications failures
- Third-party service outages (including Harvest)
- Cyberattacks or security incidents
During a force majeure event, Crow’s Nest’s obligations will be suspended. If the event continues for more than 60 days, either party may terminate these Terms.
12.4 Export Control
You agree to comply with all applicable export and import control laws and regulations, including U.S. Export Administration Regulations and International Traffic in Arms Regulations. You represent that you are not located in, or a national or resident of, any country subject to U.S. embargo or export restrictions.
12.5 Modifications to Terms
12.5.1 Right to Modify
Crow’s Nest may modify these Terms at any time to:
- Reflect changes in the Service
- Comply with legal or regulatory requirements
- Address security or operational issues
- Improve clarity or organization
12.5.2 Notice of Changes
Material changes will be communicated via:
a) Email notification to your registered email address (at least 30 days before the effective date).
b) Prominent notice on the Service or website.
12.5.3 Acceptance of Changes
Continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must terminate your account before the effective date.
12.5.4 Version History
Previous versions of these Terms are available upon request at [email protected].
12.6 Assignment
12.6.1 By You
You may not assign, transfer, or delegate these Terms or your rights hereunder without Crow’s Nest’s prior written consent. Any attempted assignment without consent is void.
12.6.2 By Crow’s Nest
Crow’s Nest may assign these Terms without your consent in connection with:
- A merger, acquisition, or sale of all or substantially all assets.
- Corporate reorganization or change of control.
You will be notified of any such assignment.
12.7 Entire Agreement
These Terms, together with:
- Privacy Policy (https://mycrowsnest.app/privacy)
- Data Processing Agreement (https://mycrowsnest.app/dpa)
- Any order forms or subscription agreements
constitute the entire agreement between you and Crow’s Nest regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
12.8 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable:
a) The provision will be modified to the minimum extent necessary to make it valid and enforceable.
b) If modification is not possible, the provision will be severed.
c) The remaining provisions will continue in full force and effect.
12.9 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by Crow’s Nest. No failure or delay by Crow’s Nest in exercising any right or remedy shall constitute a waiver of that right or remedy.
12.10 Relationship of Parties
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship. Neither party has authority to bind the other or make commitments on the other’s behalf.
12.11 Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person or entity other than the parties and their permitted successors and assigns, except that data subjects are intended third-party beneficiaries with respect to their rights under applicable data protection laws.
12.12 Notices
12.12.1 To Crow’s Nest
Notices to Crow’s Nest must be sent to:
Email: [email protected]
Subject Line: “Legal Notice”
12.12.2 To You
Notices to you will be sent to the email address associated with your account. You agree to keep your email address current.
12.12.3 Effectiveness
Notices are effective:
- Email: 1 business day after sending (if no delivery failure).
- Postal mail: 5 business days after mailing.
12.13 Language
These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.
12.14 Equitable Relief
You acknowledge that a breach of Sections 2.4 (Acceptable Use), 6 (Intellectual Property), or 10 (Confidentiality) may cause irreparable harm to Crow’s Nest for which monetary damages are an inadequate remedy. Crow’s Nest shall be entitled to seek injunctive or other equitable relief without the requirement to post a bond.
12.15 Government Use
If you are a U.S. government entity, the Service is provided as “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in FAR 12.212 and DFARS 227.7202. Use, reproduction, and disclosure are subject to these Terms.
12.16 Feedback and Questions
If you have questions about these Terms or wish to provide feedback:
Email: [email protected]
Website: https://mycrowsnest.app
We welcome your feedback and will respond to inquiries within 5 business days.
13. Special Provisions for EU Customers
13.1 GDPR Compliance
For customers in the European Economic Area (EEA), UK, or Switzerland:
a) Data Processing Agreement: The Data Processing Agreement (https://mycrowsnest.app/dpa) is incorporated by reference and governs the processing of personal data.
b) Standard Contractual Clauses: Where required for international data transfers, the Standard Contractual Clauses approved by the European Commission apply and are incorporated into the DPA.
c) Data Subject Rights: You and your data subjects have the rights specified in the Privacy Policy and DPA, including rights of access, rectification, erasure, portability, and objection.
d) Supervisory Authority: You have the right to lodge a complaint with your national data protection authority.
13.2 Consumer Rights (If Applicable)
If you are a consumer (not acting in a business capacity):
a) 14-Day Withdrawal: You may withdraw from these Terms within 14 days of account creation without penalty. To exercise this right, contact [email protected].
b) Exceptions: The withdrawal right does not apply if you have fully consumed the Service during the 14-day period with your consent.
c) Liability Limitations: Liability limitations in Section 8 apply to the extent permitted by consumer protection laws but do not limit liability for gross negligence, willful misconduct, personal injury, or fraud.
13.3 Language
If required by local law, Crow’s Nest will provide a translation of these Terms in your local language. In the event of conflict, the English version shall prevail to the extent permitted by law.
14. Contact Information
For questions, concerns, or notices regarding these Terms:
Crow’s Nest
Email: [email protected]
Website: https://mycrowsnest.app
Response Times:
- General inquiries: 5 business days
- Legal notices: 2 business days
- Security incidents: Immediate acknowledgment
Acceptance of Terms
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
If you do not agree to these Terms, you must not access or use the Service.
Document Version: 1.0
Effective Date: February 2, 2026
Next Review: August 2, 2026
Appendix: Revision History
| Version | Date | Changes |
|---|---|---|
| 1.0 | February 2, 2026 | Initial Terms of Service |
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