Terms and Conditions

Your relationship with CrunchYard

1.1. Your use of the CrunchYard website, simulations platform and any supporting services, collectively known as the "Service" is subject to the terms of a legal agreement between you and CrunchYard. "CrunchYard" means CrunchYard SA, whose principal place of business is at Chamber of Mines Building, 1st Floor, University of the Witwatersrand, Enoch Sontonga Ave, Braamfontein, Johannesburg, South Africa.
1.2. Your legal agreement with CrunchYard is made up of (A) the terms and conditions set out in this document, (B) CrunchYard's Privacy Policy (https://www.crunchyard.com/privacypolicy.aspx) (collectively called the "Terms").
1.3. The Terms form a legally binding agreement between you and CrunchYard in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4. The Terms apply to all users of the Service.

Accepting the Terms

2.1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2. You can accept the Terms by simply using the Service. You understand and agree that CrunchYard will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with CrunchYard, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service. 2.4. Anti-Terrorism Laws
2.4.1. Neither USER nor, to USER's knowledge, any joint venture or subsidiary or CLIENT thereof is in violation in any material respects of any United States law relating to terrorism, sanctions or money laundering (the "Anti-Terrorism Laws"), including the United States Executive Order No. 13224 on Terrorist Financing (the "Anti-Terrorism Order") and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "USA Patriot Act").
2.4.2. Neither USER nor, to USER's knowledge, any joint venture or subsidiary or CLIENT thereof, (i) is listed in the annex to, or is otherwise subject to the provisions of, the Anti-Terrorism Order, (ii) is owned or controlled by, or acting for or on behalf of, any person listed in the annex to, or is otherwise subject to the provisions of, the Anti-Terrorism Order, (iii) commits, threatens or conspires to commit or supports "terrorism" as defined in the Anti-Terrorism Order or (iv) is named as a "specially designated national and blocked person" in the most current list published by U.S. Treasury Department's Office of Foreign Assets Control.
2.4.3. Neither USER nor, to USER's knowledge, any joint venture or subsidiary or CLIENT thereof (i) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any person described in clauses (b)(i) through (b)(iv) above, (ii) deals in, or otherwise engages in any transactions relating to, any property or interests in property blocked pursuant to the Anti-Terrorism Order or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law.

Changes to the Terms

CrunchYard reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://www.crunchyard.com/TermsandConditions.aspx or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

CrunchYard accounts

4.1. In order to access some features of the Website or other elements of the Service, you will have to create a CrunchYard account. When creating your account, you must provide accurate and complete information. It is important that you must keep your CrunchYard account password secure and confidential.
4.2. You must notify CrunchYard immediately of any breach of security or unauthorized use of your CrunchYard account that you become aware of.
4.3. You agree that you will be solely responsible (to CrunchYard, and to others) for all activity that occurs under your CrunchYard account.
4.4. If a user account is idle for 6 months we suspend the account.
4.5. If the account has been suspended for 6 months the data gets deleted

General restrictions on use

5.1. CrunchYard hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part: A. you agree not to distribute any part of or parts of the Service, including but not limited to any Content, in any medium without CrunchYard's prior written authorization, unless CrunchYard makes available the means for such distribution through functionality offered by the Service;
B. you agree not to alter or modify any part of the Service
C. you agree not to access Content through any technology or means or such other means as CrunchYard may explicitly designate for this purpose;
D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. you agree not to use the Service (including the CrunchYard Player) for any of the following commercial uses unless you obtain CrunchYard's prior written approval: i. selling or transferring a CrunchYard account;
ii. selling or transferring your available Credits;
iii. making use of any CrunchYard's content to sell your own product offering F. prohibited commercial uses shall not include (i) uploading simulations forming part of any contractual, obligations on your part, and (ii) any use that is expressly authorized by CrunchYard in writing; you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader computer program) that accesses the Service in a manner that sends more request messages to the CrunchYard servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e., not modified) web browser;
G. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include CrunchYard account names); 5.2. You agree that you will comply with all of the other provisions of the Terms during your use of the Service.
5.3. CrunchYard grants the operators of public search engines permission to use any computer programs (such as spiders) to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CrunchYard reserves the right to revoke these exceptions either generally or in specific cases.
5.4. CrunchYard is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which CrunchYard provides may change from time to time without prior notice to you.
5.5. As part of this continuing innovation, you acknowledge and agree that CrunchYard may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at CrunchYard's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform CrunchYard when you stop using the Service.
5.6. You agree that you are solely responsible for (and that CrunchYard has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CrunchYard may suffer) of any such breach.

Simulations

6.1. As a CrunchYard account holder you upload your own simulations. You understand that while it's a best effort service to keep your information confidential, CrunchYard does not guarantee any confidentiality with respect to your simulations. Encryption of your simulations would be your responsibility.
6.2. You retain all of your ownership rights of your simulations, but you are required to grant limited license rights to CrunchYard in order to fulfill its duties in processing your simulations.
6.3. You agree that you will not post or upload any simulations which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for CrunchYard to use or possess in connection with the provision of the Service.
6.4. You understand and agree that you are solely responsible for your simulations and the consequences of uploading it. CrunchYard does not endorse any simulation content and CrunchYard expressly disclaims any and all liability in connection with simulation content.
6.5. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required for your software if they are applicable.
6.6. You agree that simulations you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary, unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to upload the material in question and to grant CrunchYard the license to process it.
6.7. On becoming aware of any potential violation of these Terms, CrunchYard reserves the right (but shall have no obligation) to decide whether simulations complies with the content requirements set out in these Terms and may remove such simulations and/or terminate a User's access for uploading content. Your input and simulation results are only accessible by you. Your simulations and results are transferred via a secure channel.
6.8. We do not keep backups of the results files. If you have deleted a result file, we cannot retrieve it again.
6.9. Simulation results older than 3 months will be automatically deleted.

Credits

7.1. Unused standard credits that you have bought are valid for 1 year from date of purchase, at which point they will expire without a refund.
7.2. Free credits are available on registration to test out the Service, and therefore no refunds are given to unused credits. Free credits are only valid for 30 days at which point they expire. Any other free credits provided for testing are at the discretion of CrunchYard and can be revoked at anytime.
7.3. Credits are only transferrable on request and depend on approval from your company if they have bought or are responsible for your credits.
7.4. Flat rates or High Volume rates reserve resources for a predetermined period. The period begins when you upload your first simulation after purchasing the package.
7.5. Academic rates apply to valid academic users and non profit organizations. Credits expire after 60 days. Credits can be shared within a research group.
7.6. Simulations cancelled within the first 10 minutes are free, thereafter cancelled simulations are charged at published rates.
7.7. Simulations that experience an error within the first 10 minutes are free, thereafter Credits are deducted at published rates.
7.8. CrunchYard reserves the right to cancel a running simulation if there is not enough credits to cover the cost of the simulation or the simulation are in breach of our terms of use.
7.9. Simulations can only be submitted if your credits balance is positive.
7.10. Credit usage will be calculated as your simulation runs. Simulations will automatically be terminated if your credit balance becomes negative.

CrunchYard Content on the Server

With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to CrunchYard, and is subject to copyright, trade mark rights, and other intellectual property rights of CrunchYard or CrunchYard's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of CrunchYard or, where applicable, CrunchYard's licensors. CrunchYard and its licensors reserve all rights not expressly granted in and to their Content.

Links from CrunchYard

9.1. The Service may include hyperlinks to other web sites that are not owned or controlled by CrunchYard. CrunchYard has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
9.2. You acknowledge and agree that CrunchYard is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3. You acknowledge and agree that CrunchYard is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
9.4. CrunchYard encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

Ending your relationship with CrunchYard

10.1. The Terms will continue to apply until terminated by either you or CrunchYard as set out below.
10.2. If you want to terminate your legal agreement with CrunchYard, you may do so by (a) notifying CrunchYard at any time and (b) closing your CrunchYard account. Your notice should be sent, in writing, to CrunchYard's address which is set out in paragraph 1.1 above.
10.3. CrunchYard may at any time terminate its legal agreement with you if: A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. CrunchYard is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); 10.4. CrunchYard may terminate its legal agreement with you if: A. CrunchYard is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by CrunchYard is, in CrunchYard's opinion, no longer commercially viable, and in the case of each of A and B of this paragraph 10.4 shall, where possible, give reasonable notice of such termination. 10.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CrunchYard have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

Exclusion of Warranties

11.1. Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11.2. The Service is provided "as is" and CrunchYard makes no warranty or representation to you with respect to it.
11.3. In particular CrunchYard does not represent or warrant to you that: A. your use of the Service will meet your requirements;
B. your use of the Service will be uninterrupted, timely, secure or free from error;
C. any information obtained by you as a result of your use of the Service will be accurate or reliable; and
D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
11.4. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

Limitation of Liability

12.1. Nothing in the Terms shall exclude or limit CrunchYard's liability for losses which may not be lawfully excluded or limited by applicable law.
12.2. Subject to the overall provision in paragraph 13.1 above CrunchYard shall not be liable to you for: A. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; B. any loss or damage which may be incurred by you as a result of: i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which CrunchYard may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide CrunchYard with accurate account information; or
v. your failure to keep your password or CrunchYard account details secure and confidential. 12.3. The limitations on CrunchYard's liability to you in paragraph 13.2 above shall apply whether or not CrunchYard has been advised of or should have been aware of the possibility of any such losses arising.

General legal terms

13.1. The Terms constitute the whole legal agreement between you and CrunchYard and govern your use of the Service and completely replace any prior agreements between you and CrunchYard in relation to the Service. All other terms of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
13.2. You agree that CrunchYard may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
13.3. You agree that if CrunchYard does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CrunchYard has the benefit of under any applicable law), this will not be taken to be a formal waiver of CrunchYard's rights and that those rights or remedies will still be available to CrunchYard.
13.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.5. You acknowledge and agree that each member of the group of companies of which CrunchYard is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
13.6. The Terms, and your relationship with CrunchYard under the Terms, shall be governed by South African law. You and CrunchYard agree to submit to the exclusive jurisdiction of courts of South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that CrunchYard shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Dated : 11 October 2015